General terms and conditions for the services of MEDWING (UK) Limited - platform contract

Terms and conditions
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1 General

1.1 Our Service

1.1.1 Digital career advice platform for medical professionals. This offers you, the interested party, the opportunity to register free of charge by creating a personal user profile on the internet website medwing.com ("website") or via the MEDWING app ("app"; the website and app together are hereinafter referred to as the "platform") to register. As a user (hereinafter "user" or "you") you then have the option of storing your resume on the platform and specifying your professional career wishes (hereinafter "search request"), with the aim of:

a) Our career advisors will find you a job offer that matches your ideas with a new employer free of charge and present you there for your application (permanent position, hereinafter referred to as "job placement", details below in section 5.3)

b) and/or our career advisors will continuously provide you with tips for optimising your career development free of charge (hereinafter "career optimisation", details below under section 5.4)

c) and/or that we employ you in our internal temporary work team and then place you in the context of temporary employment to companies (flexible work, hereinafter referred to as "temporary employment", details below in section 5.2).

1.1.2 These general terms and conditions (hereinafter "GTC") contain the general rules for the use of all services offered within the scope of MEDWING Services, which are described in more detail in Section 5 of these GTC. The current version of the terms and conditions can be viewed, downloaded, saved or printed out at any time at https://medwing.com/UK/en/terms-and-conditions.

1.1.3 The current data protection declaration of MEDWING, with which we inform you in detail about the type, scope and purpose of the collection and use of your personal data by MEDWING in the course of using our services and our platform, can be accessed at any time Website at https://medwing.com/UK/en/privacy.

1.1.4 Our platform and our services are hereinafter collectively referred to as "MEDWING Services"

1.2 Name and address of MEDWING

MEDWING GmbH Address: Rosenthaler Str. 12, D-10119 Berlin Internet domain: https://medwing.com Email: info@medwing.com Telephone: +49 (0) 30 202380920 Fax: +49 (0) 30 577027873 Managing directors legally authorised to represent: Johannes Roggendorf, Dr. Timo Fischer Entry in the commercial register: Local court Berlin-Charlottenburg HRB 186507

1.3 supervisory authorities

1.3.1 The competent supervisory authority for temporary employment is the Kiel Employment Agency

1.3.2 The responsible supervisory authority in terms of data protection law is the Berlin Commissioner for Data Protection and Freedom of Information

2 Subject matter of performance

A platform contract is concluded between MEDWING and the user in accordance with the provisions of section 3.2 (“platform contract”); The subject of the platform contract is the provision and use of MEDWING services via the platform

3 Requirements for use

3.1 General requirements

3.1.1 The use of MEDWING services is only permitted for natural persons of legal age. Minors and other persons with no or limited legal capacity are excluded from using the MEDWING services.

3.1.2 The use of MEDWING services requires the user to register and create a personal user account (hereinafter “account”) on the platform.

3.1.3 The use of the MEDWING services requires a computer or a mobile device (such as a smartphone or tablet) with internet access and a common, up-to-date and functional browser software.

3.2 Registration and conclusion of contract

3.2.1 Only one account is permitted per user.

3.2.2 To create an account, first fill out the electronic forms provided by MEDWING on the platform completely and correctly. You must include your job preferences and contact details, among other things.

3.2.3 Then click the button "REGISTER FOR FREE AND RECEIVE JOB OFFERS" or "REGISTER FOR FREE" or "RECEIVE JOB OFFERS" on our platform and send us your details. By clicking this button you are making a legally binding offer to conclude a platform contract with us. By clicking this button you also accept these terms and conditions and confirm that you have read our privacy policy.

3.2.4 With the greeting shown on the platform with an explanation of the next step, we accept your offer.

3.2.5 If you register via our website, after clicking the button you will receive an e-mail to the address you provided with the request to confirm your e-mail address. After confirming your e-mail address by clicking on the link sent to you in this way, your account is activated. With your e-mail address and the specified password, you can access your password-protected user area on the platform after completing the registration.

3.2.6 If you do not activate the account immediately, but we have job offers that match the search criteria you specified in the electronic form, we will contact you using the contact details provided so that this opportunity does not pass and thus the best possible provision of MEDWING services is guaranteed. Details on communication between you and MEDWING can be found under section 4.

3.2.7 If you register via our app, your account is activated immediately without confirmation.

3.2.8 MEDWING is entitled to refuse to conclude a contract with the user without giving reasons.

4 Communication between you and MEDWING

4.1.1 One of the central elements of MEDWING Services is communication between you and MEDWING. Without communication and coordination with you, we cannot provide MEDWING services to you. We attach great importance to simple and effective communication with you.

4.1.2 For communication between you and MEDWING, the contact channels described in Section 6.2 of the data protection declaration are available, such as telephone and e-mail. Insofar as you have given us preferred contact methods, we will of course take these into account when communicating with you.

4.1.3 In addition to the information in these General Terms and Conditions, you will find further details on possible contacts by MEDWING in the data protection declaration.

4.1.4 If you have any questions or concerns about the platform contract that has been concluded or about individual services provided by MEDWING, you are welcome to contact us at any time using the contact channels mentioned in section 1.2.

5 MEDWING Services

5.1 Completion of your applicant profile

5.1.1 In order to be able to make the best possible use of the MEDWING services offered by MEDWING, you can add further personal details to your profile information on the platform in the electronic forms provided for your account at any time.

5.1.2 The prerequisite for using most of our services, such as temporary employment (see section 5.2 below) or job placement (see section 5.3 below), is the maintenance of a current curriculum vitae and the required documents (for example with regard to professional qualifications) our platform. This can also be done for you by one of our career advisors if you send him the relevant documents via a contact channel of your choice (see section 4.1.2). Your complete profile information including a current curriculum vitae and the required certificates are hereinafter referred to as your “applicant profile”.

5.1.3 In order to ensure that the MEDWING services are provided promptly and efficiently, we will contact you after you have registered (see section 3.2 above) to complete your applicant profile.

5.1.4 You decide for yourself whether you upload a picture of yourself on the platform or send it to us via another contact channel.

5.1.5 You will provide the data and documents given when completing the applicant profile. MEDWING is therefore not responsible for their topicality, correctness and completeness and does not guarantee this.

5.1.6 After your applicant profile has been completely created on our platform, you will receive an insight into the current status of the respective application and introduction processes (if relevant) via our platform.

5.2 Temporary employment (flexible working)

5.2.1 MEDWING offers a position in MEDWING's own temporary work team under the conditions of section 5.2.2 and then, depending on your wishes, arranges you in the context of an employee leasing flexibly and also at short notice to third companies ("partner institutions") . To do this, we record your applicant profile and then check with our experts whether you fit into our team with your specific specialist field. If necessary, we will then hold an interview with you. In the event of a positive decision on our part regarding your employment, we will offer you the conclusion of an employment contract.

5.2.2 In order to be able to use our service for temporary employment, the general usage requirements according to section 3.1 must first be met. A curriculum vitae and the necessary documents according to Section 5.1.2 has been entered. To clarify, we would like to point out that this does not give rise to any entitlement to conclude an employment contract with MEDWING.

5.2.3 Our career advisors will, if necessary, assist you in completing your applicant profile (if not already done, see section 5.1.3), discussing your wishes or preferences and your search request as well as the current status of the application and Contact the introduction process and its further coordination. Details on communication between you and MEDWING can be found under section 4.

5.2.4 If there are suitable vacancies, we will only present your applicant profile to our partner institutions with your consent. Before such a presentation, your applicant profile can be made available in anonymized form, i.e. without the possibility of drawing any conclusions about your person, to a partner institution with suitable positions for the purpose of comparison in order to be able to check in detail whether your profile actually fits a position.

5.2.5 As long as you make use of the temporary employment service, MEDWING will contact you and introduce you to new temporary employment positions that could match your specified preferences, your search request and the employment contract concluded between MEDWING and you.

5.2.6 The platform contract continues to exist unchanged when an employment relationship is established between MEDWING and you.

5.3 Job placement (permanent position)

5.3.1 MEDWING offers you a free placement of full and part-time positions in institutions that provide suitable positions. We record your applicant profile in order to present it to suitable institutions and thus help you to a new full or part-time position with as little effort as possible.

5.3.2 Requirements for using our job placement service are: a) The general usage requirements according to section 3.1 b) The inclusion of a curriculum vitae and the required documents according to Section 5.1.2

5.3.3 Our career advisors will, if necessary, assist you in completing your applicant profile (if not already done, see section 5.1.3), discussing your wishes or preferences and your search assignment as well as the current status of the interview process and its contact further coordination. Details on communication between you and MEDWING can be found under section 4.

5.3.4 In order to ensure that your applicant profile fits a position at an institution, your applicant profile can be presented anonymously, i.e. without the possibility of tracing your person, to an institution and discussed by us with the institution.

5.3.5 In order to introduce you to the respective institution after a successful review of your applicant profile by our career advisor and to arrange an interview and, if necessary, an observation appointment, our career advisor will send your complete applicant profile to the respective institution in coordination with you put. Your applicant profile will only be passed on with your consent. Our career advisors will therefore contact you before each transfer to coordinate them with you.

5.3.6 As long as you make use of the MEDWING services and have not informed us that you do not want any new recommendations, MEDWING will contact you to an appropriate extent and present you with new positions that match your search request and your specified preferences.

5.3.7 MEDWING gives no assurance about the suitability, availability or quality of the proposed positions. None of the information we provide about the proposed positions constitutes a binding promise.

5.3.8 MEDWING does not owe any placement success, especially not with regard to the conclusion of an employment contract. Whether or not an employment contract is concluded between you and the institution at which we present you is at the discretion of the institution. MEDWING does not guarantee the conclusion of an employment contract.

5.3.9 MEDWING does not provide any consulting services with regard to an employment contract to be concluded between you and an institution.

5.3.10 MEDWING assumes no liability for the effectiveness of the employment contract concluded between you and an institution to which we have presented you. We are also not liable for the risk that applications will be rejected, not processed or processed with delay, nor for the accuracy of documents or information provided to you by the institution to which we presented you.

5.3.11 Any information about the institutions at which we have introduced you or about specific positions is not an advisory service to you, but only serves to facilitate your independent decision in your choice of job, over which we have no influence.

5.4 Career optimisation

5.4.1 As part of career optimisation, MEDWING offers you tailor-made tips and information on developing your career, such as tips on recommended further training or steps and measures that can bring you closer to your personal career goals. The tips are not limited to specific phases of your career, rather we strive to give you valuable advice for each phase and for each situation of your career. Accordingly, we also provide this service regardless of successful or unsuccessful job placements (Section 5.3) or applications for temporary employment (Section 5.2) and regardless of any existing or terminated employment contracts between you and MEDWING.

5.4.2 Requirements for using our service for career optimisation are the general conditions for use according to section 3.1

5.4.3 In order to be able to give you the best tips and advice and thus to provide you with the best possible service for optimising your career, we may invite you to an exchange of information on current market developments. The information obtained in this way flows directly into the further creation of tips and information for you.

5.4.4 The tips tailored to your needs can be obtained via a contact path in accordance with Section 4.1.2 or in your personal user area on the platform.

5.4.5 MEDWING gives no assurance about the suitability, availability or quality of any proposed measures. None of the information we provide constitutes binding advice.

5.4.6 MEDWING does not owe you any success in optimising your career. MEDWING does not guarantee the success of any proposed measures.

5.4.7 Any suggestions and tips for the development of your career are not an advisory service to you, but serve exclusively to facilitate your independent decision in the choice of job or further training, over which we have no influence.

5.5 MEDWING Friends

5.5.1 You can join the MEDWING Friends program with your account. Through our MEDWING Friends program, we offer you additional services and changing offers from cooperation partners. You can find the individual services and offers on our platform.

5.5.2 Separate terms of use apply to the MEDWING Friends program. You can access these via the following link: https://s3.eu-central-1.amazonaws.com/medwing-marketing/MEDWING+Friends/AGBs_MEDWING_Friends_Intern.pdf.

5.6 End of use of individual services

5.6.1 You can inform us at any time via a contact channel of your choice (in accordance with Section 4.1.2) that you no longer want individual services, such as job placement or the receipt of tips for career optimisation.

5.6.2 The end of the use of individual services according to section 5.6.1 above has no influence on the existence of the platform contract as such.

5.7 Opinion research to improve our offer

5.7.1 In order to continuously improve our MEDWING services, we occasionally conduct surveys; e.g. to receive direct feedback on our service quality after successful or unsuccessful placement/application, or to generate better job suggestions.

5.7.2 You will receive an invitation from us for each of these surveys (for the contact channels see section 4.1.2). Participation in the surveys is voluntary.

5.7.3 If you have meanwhile been employed by MEDWING for temporary employment, it is hereby made clear that these surveys take place within the scope of the employment relationship between MEDWING and you. However, participation in the surveys is also voluntary. If you do not take part in the surveys, you will not suffer any disadvantages.

6 MEDWING's obligations and availability

6.1 With the conclusion of this platform contract, MEDWING grants you a simple, non-transferable and non-sublicensable right to use the platform in its current version for the duration of this platform contract. This right of use is limited to use via your account.

6.2 Continuous accessibility of the platform is neither owed nor guaranteed. We reserve the right to restrict access to the platform, in particular for maintenance, security or capacity reasons.

6.3 We reserve the right to limit or add to the services offered free of charge within the scope of MEDWING Services. If the services described in these terms and conditions are to be restricted to a considerable extent, we will endeavor to inform you of this in advance.

  1. 4 MEDWING will continuously update, expand or change the software of the platform, in particular to react to changed user interests, to correct technical errors and to introduce new functions. There is no entitlement to maintaining the software in the state it was in when the contract was concluded or at a later point in time. MEDWING reserves the right to offer the software or the MEDWING services only for certain operating systems or only for certain versions of operating systems.

7 User obligations to cooperate

7.1 The user is obliged to provide his data truthfully and completely when registering.

7.2 In order to properly process the platform contract, it is necessary for the user to notify MEDWING of any relevant changes to their data, in particular to their registration data such as name, address and other contact details. The user can inform MEDWING of such changes by updating the relevant data in his account on the platform. If this is not possible, the user can inform MEDWING of these changes via a contact channel of his choice (according to Section 4.1.2).

7.3 It is forbidden to users

7.3.1 to use the software of the platform and the MEDWING services for purposes other than your own, personal, professional purposes, in particular not for other commercial purposes, without the express permission of MEDWING,

7.3.2 to enter non-user accounts on the platform without the express permission of the respective third party,

7.3.3 to smuggle viruses, Trojans, worms or other malicious code onto the platform or to attempt to do so,

7.3.4 hack, manipulate or attempt to hack the platform software,

7.3.5 to use scripts and other automatable or partially automatable processes for using the platform,

7.3.6 To circumvent the security functions of the platform or MEDWING or to attempt to circumvent them.

7.4 When using the platform or the MEDWING services, you are obliged to comply with the laws and regulations that apply to you.

7.5 You are prohibited from renting out your account or using it for other commercial purposes, sublicensing it or making it available to third parties in any other way, or passing on the access data to third parties, unless this has been expressly permitted by MEDWING.

7.6 You are obliged to keep your account data and your password secret and to protect them from access by unauthorised third parties. You undertake to take the necessary measures to guarantee the confidentiality of your account data and your password, for example by using a secure password made up of numbers, letters and special characters and by changing your password regularly. If you have lost your password or if you discover or suspect that your access data is being used by a third party, you must inform us immediately and - if possible - change your password immediately.

7.7 In the event of a breach of the obligations to cooperate regulated in Section 7, MEDWING is entitled to block your account. The same applies if there is a suspicion of such a violation until this suspicion has been clarified. If this suspicion turns out to be unfounded, we will unblock your account immediately.

8 Compensation

8.1 You can use the MEDWING services described in these General Terms and Conditions free of charge. We reserve the right to expand the MEDWING services with additional free or optional, chargeable functions.

8.2 When using the MEDWING services, connection and transmission fees may be incurred, which are charged by the respective Internet provider or mobile phone provider of the user and are to be borne by the user.

9 Term, termination

9.1 The term of this platform contract is unlimited and can be terminated by the user or MEDWING with a notice period of two (2) weeks to the end of a calendar month, unless a different term has been expressly agreed.

9.2 The right to terminate for an important reason remains unaffected by this. An important reason exists in particular a) if the user violates his duty to cooperate from section 7, b) if the user does not want any direct communication with MEDWING, since in this case MEDWING can no longer provide the MEDWING services within the meaning of the platform contract.

9.3 You can terminate the platform contract, for example, by contacting us via a contact channel as described in Section 4.1.2. Depending on the chosen contact method, we reserve the right to take additional measures for authentication. If a corresponding function is provided by us on the platform, you can declare your ordinary termination by using this function in the password-protected user area of ​​the platform; However, this does not apply to termination for good cause.

9.4 This platform contract and thus your right to use the MEDWING services ends automatically and immediately, subject to the provisions of any employment contract concluded between you and MEDWING, if you request MEDWING to delete all of your data stored on the platform. In these cases, MEDWING does not need an express notice of termination.

9.5 For the sake of clarification, we would like to point out that if an employment relationship between you and MEDWING is terminated, the platform contract does not automatically end, but continues to exist unchanged. Even a successful job placement does not lead to a termination of the platform contract, rather it continues unchanged even in the case of a successful job placement.

10 Liability and Burden of Proof

10.1 MEDWING is liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

10.2 In other cases, unless otherwise stipulated in Section 10.3, we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which you as a user can regularly rely (so-called cardinal obligation), limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Section 10.3.

10.3 Our liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above liability limitations and exclusions.

10.4 In the event of data loss, liability for restoring your data is limited to the costs that are necessary to restore the data that would have been lost even with regular and appropriate data backup measures or that would have been lost even if there were no regular data backup measures and appropriate data security measures can be reconstructed in any other way from machine-readable data material with reasonable effort.

10.5 These limitations or exclusions of liability also apply to the liability of employees, employees, employees, representatives and vicarious agents of MEDWING, in particular they apply to the personal liability of shareholders, employees, representatives, organs and their members.

10.6 A change in the burden of proof to your disadvantage is not associated with the regulations above.

11 Changes to these terms and conditions

11.1 If MEDWING has a legitimate interest, these terms and conditions can be changed at any time and adapted to the new circumstances. A legitimate interest exists in particular in the event of a change in the legal situation or supreme court rulings, the market situation, in order to adapt to new technical developments, to close regulatory gaps or to expand the range of services of the platform.

11.2 All users will be informed of any change by email six (6) weeks before the change comes into effect.

11.3 If the user objects to the change in the General Terms and Conditions within six (6) weeks, beginning on the day following the change notification, in text form (e.g. letter, fax, email), the contractual relationship will become the same as before Conditions continued. In this case, MEDWING is entitled to terminate the contractual relationship without notice, with the result that your account will be deleted. The original terms and conditions continue to apply until the contract is terminated.

11.4 The amended version of the General Terms and Conditions shall be deemed to have been agreed if the user does not object or terminate the notice in due form and in due time, or if the user continues to use the MEDWING services after the change has come into effect.

11.5 MEDWING undertakes to inform users of their right of objection and the consequences of further use of the MEDWING services in the notification of the change to the terms and conditions at the beginning of the period.

11.6 These terms and conditions can be changed at any time with the consent of the user.

12 Severability Clause

Should a clause of these terms and conditions be ineffective, the remaining clauses remain unaffected. The ineffective clause is deemed to be replaced by one that comes closest to the meaning and purpose of the ineffective clause in a legally effective manner. The same applies to any loopholes.

13 Applicable Law and Language

13.1 The business relationship between the user and MEDWING is subject to German law to the exclusion of the reference norms of international private law. The validity of the UN sales law is excluded.

13.2 If the user does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of MEDWING.

13.3 The language available for the conclusion of the contract is English. The authoritative language for communication between the user and MEDWING during the business relationship is English.

14 Topicality of these terms and conditions

These terms and conditions have the following status: April 2020 - Version 3.0.