General terms and conditions

Mr. Asclepius is an economically independent company organised under private law with its registered office in D-73035 Göppingen. The range of services of Mr. Asclepius (hereinafter referred to as "M.A.") is explained on the internet at www.mr-asclepius.com, possibly other domains, to the users and customers of the digital platform and made available under the following terms and conditions (hereinafter referred to as "GTC"). The relationship between the parties is not conclusively regulated by these GTC. Further rights and obligations of the parties may remain unaffected, for example in connection with consulting services. M.A. objects to the validity of any general terms and conditions of users. If they do, they can only become part of this agreement if M.A. gives its express written consent in this respect. M.A. is committed to data protection. These GTC also apply if the use of or access to the offer takes place from outside the Federal Republic of Germany.

• Users of the digital platform Mr. Asclepius are registered skilled professionals and employers and non-registered visitors.
• User is any natural person or legal entity that has successfully registered itself with M.A. and meets the registration requirements. By registering or using the platform for the first time, the user declares that he/she has read the GTC and data protection information and accepts them.
• A skilled professional is a natural person who has successfully registered with M.A. and fulfilled the registration requirements. This includes that the skilled professional has not used aliases or taken other measures to conceal his true identity or contact information. With his registration, the skilled professional confirms his age of majority and legal capacity.
• By registering, the employer creates personalised access data that are exclusively intended for use by the authorised contacts in the company.
• A talent scout is a registered user who recruits interested skilled professionals to register themselves voluntarily and on their own responsibility as a skilled professional on Mr. Asclepius.

• In order to use all of M.A.'s services, you must first agree to these TaCs. You may not use M.A. unless you accept these Terms. You acknowledge and agree that M.A. will treat your use of the Services as acceptance of the TOS from that point onwards.
• M.A. offers information, services and assistance for getting to know contacts.
• M.A. offers a platform to bring users together to exchange ideas and communicate with each other and provides the technical equipment on the Internet to enable contact to be established or maintained. M.A. does not automatically and without being asked become a partner of corresponding contracts between the users.
• Any use for other purposes, in particular the commercial evaluation and exploitation of information, is not permitted. Furthermore, any use or processing of the data obtained is only permitted under the conditions of the legal provisions, in particular the Federal Data Protection Act. In particular, the downloading of address data is not permitted. We also point out the copyright, trademark and labelling protection of all entries on our websites.
• M.A. is entitled to commission third party service providers and vicarious agents as well as cooperation partners with the provision of parts or the entire range of services, insofar as this does not result in any disadvantages for the user. As a registered user, you agree to be contacted by a cooperation partner for the purpose of information and support. Contact can be made in writing by e-mail, as well as by telephone and in a personal conversation.
• M.A. has the right at any time to modify, expand, limit or discontinue the content of the Service.
  As the holder of a user account with M.A., you may submit video footage and textual comments. You acknowledge that, whether or not such User Submissions are published, M.A. does not guarantee any confidentiality with respect to any User Submissions.
  You agree not to use any automated system (including, but not limited to, any robots, spiders or offline readers) to access the Sites in such a way that more requests are made to M.A.'s servers in a given period of time than a human being could make in the same period of time. M.A. permits public search engine operators to use spiders to copy materials from the Site solely for the purpose of creating publicly accessible and searchable directories of the materials and not for the purpose of creating caches or archives of such materials. M.A. reserves the right to revoke this permission generally or in individual cases.

• Access
  The creation of a profile on M.A. requires effective registration, using a personal password and user name selected by the user.
  Registration takes place online and is confirmed electronically by email with authentication from M.A..
  On their own responsibility, users can edit their profile data online as required and update their personal password.
  The information provided during registration must be truthful.
  Talents and employers receive free access.
• As an employer, a binding contact person is appointed who is available as account holder and contact person; in addition, a deputy arrangement can be made.
  If the contact person leaves the company, the company is obliged to announce the new M.A. contact person(s) in good time.
• Voluntariness
  There is no entitlement to registration.
  M.A. has the right to refuse registration without stating reasons and, if registration has taken place, to revoke it at any time without notice, to block access, in particular due to false information provided during registration and if the M.A. system is used by the user in an unlawful manner.
  The data is recorded and stored electronically.
  The user also agrees that his/her profile and all other data provided may be processed by machine and published via M.A. worldwide.

• General
  • The user has the right to cancel his membership at any time.
  • The user may not assist a third party whose access has been deleted to gain access to M.A. via his account or event.
  • Cancellation must be made online, logged in via the membership.
  • After termination of the membership, all contents of the user will be deleted by M.A., insofar as this is permissible according to the legal provisions.
• Duration of contract
  The contract for the use of the platform begins with the successful registration.
  The term is unlimited.

• Access for an employer is free of charge
• Recruiting Digital - Active Sourcing
  If a expert is hired/commissioned, then a one-off fee is payable to M.A.
  This currently amounts to between 800 euros and 3,000 euros net per placement of a expert in Germany.
  A current overview of the placement fees is displayed online.
• Complementary advisory services from M.A.-Team
  On request, the M.A. team is also available on site with advice and assistance.
  For our service, we charge a service fee starting at 120,- Euro net per hour plus respective travel expenses.

The right to termination may be claimed by either party.
M.A. may also, in addition to the statutory rules, terminate the contract extraordinarily without notice, insofar as this is regulated below.
M.A. is entitled to exclude the M.A. user in the event of a breach of the "use of access data" and thus to terminate it extraordinarily and immediately.
In the event of a suspected breach of the rules or general misuse of the M.A., the following (de-) escalation procedure shall take place:

• Warning by M.A. or its authorised representative.
• insofar as the warning was justified or the user has not objected to it in writing within 2 weeks and the user again violates these rules, the contract may be terminated without notice.
• If the user disputes the entitlement to extraordinary termination, recourse to the courts prior to the initiation of arbitration proceedings (mediator) is excluded.

In the event of a justified exclusion (termination), the excluded user shall bear all costs of the escalation proceedings (arbitration/court),
including a lump sum of € 3,000 net for M.A. as liquidated damages or contractual penalty.
M.A. is entitled to dissolve the M.A. platform and thus to terminate all users extraordinarily and immediately.
M.A. is entitled to terminate a user extraordinarily if the user does not meet his payment obligation despite a reminder. The user is entitled to the statutory special termination rights.
M.A. also has an extraordinary right of termination if the member:

• has made false statements in the context of his registration,
• has intentionally or through gross negligence damaged the reputation of M.A. or registered members,

The right to extraordinary termination for good cause pursuant to § 626 BGB remains unaffected.
No fees paid shall be refunded after termination and exclusion if extraordinary termination by M.A. was justified.
The user shall continue to be obliged to pay any fees not paid after justified extraordinary termination by M.A..

• M.A. shall only be liable if M.A. or a vicarious agent breaches an essential contractual obligation, i.e. a cardinal obligation, in a way that endangers the purpose of the contract or if the damage is due to gross negligence or intent on the part of M.A. or a vicarious agent. If a culpable breach of a (cardinal) obligation is not due to gross negligence or intent, M.A.'s liability shall be limited to such typical damage that was reasonably foreseeable at the time the contract was concluded. Liability on the basis of mandatory statutory provisions, contractual agreement or assurance as well as for personal injury and its consequences shall remain unaffected. Compensation for indirect damage, in particular compensation for lost profit, is excluded.
• The user is responsible for all actions taken via his account or for content posted via it (e.g. integration of videos, company presentation content in connection with "News" etc.), irrespective of whether he has acted himself or another person.A general review of content by M.A. does not take place. In particular, M.A. is not liable for ensuring that the content posted by the user is free of third-party rights.
• The user is obliged to inform M.A. immediately of any misuse of his password or account and of any other misuse. The user must ensure that after each use he has exited his account through the logout process provided by the system. Any liability is excluded in the event of a breach of this obligation.
• M.A. does not guarantee the uninterrupted availability of the digital offer or of data and may restrict access to or the availability of the offer during freely determinable periods, e.g. in order to carry out technical work.
  These GTC are without prejudice to all statutory rights to which every consumer is entitled and which cannot be amended or waived by contract. M.A.'s digital services are provided "as is" and M.A. makes no warranty or guarantee in relation to them. In particular, M.A. does not warrant or guarantee that:
  • your use of the services satisfies your expectations,
  • Your use of the services is not interrupted, is timely, secure and free from errors,
  • any information you obtain as a result of using the services is accurate or
  • is reliable, and
  • Errors in the operation or functionality of any software you receive as part of the Services,
  be remedied.
  No other conditions, warranties or other terms shall apply to the Services or shall apply only to the extent expressly stated in the TOS.
  M.A. shall not be liable for:
  
  • any indirect or consequential loss or damage suffered by you as an M.A. user. This includes any
  • loss of profits (whether direct or indirect), any loss of goodwill or business
  • reputation and any loss of data suffered by you.
  • any loss or damage suffered by you as a result:
    • any reliance you place on the completeness, accuracy or existence of any advertisement.
    • or as a result of any relationship or transaction between you and us.
    • any advertiser or sponsor whose advertising appears on the M.A. Services;
    • any changes M.A. makes to the Services, or any permanent or temporary changes to the Services
    • Temporary cessation in the provision of the Services (or any functions)
    • within the services
    • the deletion, damage or storage errors in connection with
    • User transmissions and other communication data collected during your use of the services
    • or obtained or transferred through them;
    • your failure to provide M.A. with accurate information regarding the user account;
    • of your failure to keep your password or details about your M.A. user account secure and confidential.
  The limitations on M.A.'s liability to you shall apply whether or not M.A. has been advised of or is aware of the possibility of such losses occurring.
• As M.A. only provides a platform, content posted by users, newsletters sent or advertisements are not a recommendation by M.A. for third parties or their services. The user is aware that M.A. has no influence on the use by M.A. users of the information they submit. Liability for the proper use of the data by third parties is therefore limited to such cases in which such unlawful use of the data was caused by intent or gross negligence attributable to M.A..
• Users are prohibited from posting content themselves or through third parties that violates legal regulations.
  Should M.A. become aware that a user is violating this principle, M.A. has the authority to block access to the content or to delete the content without being liable for damages.
• If the user practices a so-called "liberal profession" and if the user is subject to a special professional law, the user is responsible for complying with and respecting applicable advertising guidelines or advertising bans in connection with his/her professional activity and the use of M.A..
• The user undertakes to indemnify M.A. against any costs and expenses arising from actions, damages, losses or claims which may arise as a result of a breach of duty in connection with his participation in this service. In particular, the user undertakes to indemnify M.A. from any liability and from all claims under copyright and competition law as well as other expenses and obligations arising from damages due to defamation, insult, infringement of personal rights, due to the failure of services for other users, due to the infringement of intellectual property or other rights.
• Furthermore, the user undertakes not to misuse the offer, in particular not to register more than one account with M.A.; not to threaten or harass other persons or to infringe the rights (including personal rights) of third parties; not to post data containing a virus and/or other harmful software or other material; not to send chain letters or surveys; not to use machines, algorithms or other automatic functions to generate page impressions, content or user recommendations;
• Furthermore, the user undertakes not to post any content which: is unobjective, intentionally untrue, defamatory, derogatory, libellous, morally offensive or pornographic or fulfils any other criminal offence; infringes the rights, in particular patent, copyright, trademark, ancillary copyright or labelling rights of third parties; pursues the purpose of disseminating a political, ideological or religious creed.
• The user assures that it holds all rights with regard to the content posted for publication and grants M.A. the right to use and exploit the content provided, unlimited in terms of space, time and content. This also includes the right to modify, reproduce, transmit, publish and further develop as well as to transfer the rights of use to third parties without claim to remuneration. The user is permitted to publish the content transferred by him/her in any other way.
• If third party rights are infringed by the user's content, the user shall, at M.A.'s discretion and at the user's own expense, procure the right to use the content or render the content free of proprietary rights. If the rights of third parties are infringed by the user's use of the services of the M.A. websites, the user shall immediately discontinue the use in breach of contract and/or the law upon request by M.A..
• As a matter of principle, every user of M.A. is prohibited from distributing and publicly reproducing content from the M.A. websites or from other users without the prior consent of M.A.. Furthermore, any action is prohibited which is likely to impair the functionality of the M.A. infrastructure, in particular to place an excessive load on it.
• The user is not permitted to make the M.A. platform or software available to third parties in whole or in part, either for a fee or free of charge, or on loan. He shall also take effective precautions on his own responsibility to prevent third parties from gaining unauthorised access to his M.A. account and other M.A. tools made available to him.
• User agrees to indemnify M.A. and its affiliates, management and employees against any financial loss, liability, claims, damages, or costs (including attorneys' fees) caused by a claim by a third party due to User's use of the Service in violation of this Agreement. M.A. reserves the right to immediately terminate any account that appears to be sending or is associated with junk mail, spam, chain letters or unsolicited bulk (commercial) email.
• Each email message sent from M.A. must contain an "unsubscribe" link that allows recipients to unsubscribe from the user's mailing list.The user agrees not to delete, disable or attempt to remove this link.
• M.A. may use information you upload to improve its offerings and/or to communicate with you personally.
• Promotion of marketing and sales
  M.A. receives the right to independently carry out marketing measures to promote the platform. This includes, but is not limited to, presentation under the URLs www.mr-asclepius.com and associated domains, newsletters, advertisements in print and online media, press releases and editorial contributions, publication of user profiles in print and online publications. The name, logo, company logo, brand or other business designation of the user may be used in this context without restriction and worldwide for the duration of the contract.
  Use of the M.A. signet as advertising
  M.A. allows the user to use the M.A. signet free of charge in the context of its marketing and communication measures until revoked. This is unrestricted for the duration of the contract and can be displayed worldwide. This permission does not imply any waiver or transfer of M.A.'s trademark rights or copyrights to third parties. M.A. remains the owner of its legally valid acquired rights.
• Claims for damages among M.A. users
  Registration on the M.A. platform does not constitute a joint business activity for the purpose of making profits, a company, firm or partnership. Claims for damages among users are excluded, unless they are based on intent or gross negligence. This also applies to claims for compensation of indirect damages.
• Events
  
  • Visit events
    M.A. only publishes event dates and information about them. M.A. acts neither as organiser nor as co-organiser. Registrations, possible terms of payment, regulations in case of cancellation/changes of events, are to be clarified directly with the respective organiser.
  • Invite to own events
    M.A. opens up the possibility for selected users to promote their own events via existing websites and communication channels on the platform. Users can suggest planned dates to M.A.. M.A. decides whether recommended dates and event programmes are supported on the basis of their relevance and whether invitations are sent to desired platform users.
    As a user, you agree that photos, videos or other documentation with or about you may be published in public by M.A., in particular online on Mr. Asclepius
• Talentscouting
  M.A. is not responsible for obtaining or assisting in obtaining work or other permits and/or compliance with medical and other country-specific regulations and requirements necessary for the Talent's employment.

• All registered users can recommend new experts and be talent scouts.
  M.A. provides the communication platform so that employers and experts can connect with each other. However, under no circumstances does M.A. guarantee or warrant or in any other way assume any obligation that the Talent or the Company will find suitable employment or Talent through M.A..
• For Talents: Notification of Hiring
  The Talent agrees to notify M.A. in writing (via email) as soon as possible, but no later than five (5) business days, if hired or otherwise engaged by a Company ("Hiring"). M.A. shall be entitled to contact the Talent to request status updates regarding ongoing negotiations.
  Hiring means:
  any type of employment, temporary employment, assignment or other use of the Talent by the Company or a company affiliated with the Company within the meaning of § 15 et seq. AktG (German Stock Corporation Act).
  The expert agrees that his/her employer may transmit relevant details from his/her contract to M.A.. This includes, in particular, the date of the signing of the contract as well as the date of the first working day with his new employer.
  The expert is obliged to forward the signed agreement to M.A. as proof of the conclusion of the contract.
• For talent scouts:
  Receipt of bonus
  The user can refer a friend as a talent scout. Provided the friend registers with M.A. and is successfully placed in employment, the expert is entitled to a referral bonus (see Bonuses online).
  The referral must be made via the referral function, which is provided in a linked tracking link. A referral is valid for a period of 12 months. During this period, no other talent scout may recommend the same friend again. M.A. will credit the referral bonus to the Talent Scout within four (4) weeks of the start of the contract signing.
• For employers
  • Hiring/Payment of Bonus
    The Employer undertakes to inform M.A. in writing (by email) as soon as possible, no later than 5 working days, when it has hired or otherwise contracted a Recommended Talent ("Hiring"). The notification must include the date of signing the contract. M.A. is entitled to contact the Employer to request status updates regarding ongoing negotiations
    Hiring means any kind of employment, temporary employment, assignment or other use of the Talent by the Company or a company affiliated with the Company within the meaning of § 15 ff. If the Talent is hired, M.A. will receive a commission (see Bonuses online). The commission is due when the contract is signed between the employer and the expert. The commission is paid once, not in instalments, to M.A.'s known account.
  • No Circumvention
    The Employer expressly agrees to refrain from contacting the talent scout associated with the Talent to be hired, whether directly or through third parties, including but not limited to recruiters.
    Any direct or indirect business relationship between the Company and the Talent must either involve M.A. as an intermediary or require M. A.'s prior written consent. A..
    The Company is personally responsible for complying with this obligation and must not use any means to circumvent the relevant obligation.
    A breach of this clause will result in liquidated damages as may be determined by M.A. in its reasonable discretion, subject to review by an independent court at M.A.'s registered office. The contractual penalty should not be less than five times the financial loss caused by this tort, but at least EUR 25,000.
    This does not exclude liability for damages.
    If the Company can prove that it entered into a business relationship with the Talent prior to the placement of the Talent through Mr. Asclepius, this rule will not apply.

• Contracts with M.A. and amendments thereto must be in writing. There shall be no ancillary agreements. The validity of any general terms and conditions of users shall be excluded as a matter of principle.
• M.A. reserves the right to amend these GTC at any time and without stating reasons, unless this is unreasonable for the user. M.A. will notify users of changes to the GTC in good time by e-mail. The prerequisite for this is that the user has a valid, functioning e-mail address at the relevant time and can be reached. Instead of attaching the complete text, a reference to the address www.mr-asclepius.com/de/agb.html on the Internet where the new version can be accessed is sufficient. Within the framework of the conclusion of the contract, no automatic storage of the text of the contract takes place on the part of M.A.. The user is therefore required to store on his hard disk or otherwise archive the text of the contract (GTC) accessible on the M.A. website and valid at the time of conclusion of the contract.
  If the user does not object to the validity of the new GTC within six (6) weeks of notification, the amended GTC shall be deemed to have been accepted by the user. M.A. will inform the User or in the notification of his right to object and the significance of the objection period.
  The User acknowledges and agrees that M.A. will treat his use as acceptance of the amended GTC if he continues to use M.A.'s services after the date on which the GTC have changed. The User should review the TOS periodically for changes.
• M.A. is entitled to assign its rights and obligations under this contract in whole or in part to a third party, an external company, in particular if M.A. decides that another company should take over the responsibility and the M.A. service as a whole. M.A. is entitled to run the M.A. Service under a new corporate legal form.
• Deviating terms and conditions of the user are not accepted.
• Should one or more provisions of these terms and conditions be legally invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced retroactively by a provision with the same content as far as possible which comes closest to the purpose of the intended provision. The German version of these GTC shall prevail.
• The place of performance is the registered office of M.A.
• To the extent permitted by law, the place of jurisdiction shall be the registered office of M.A.
• German law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law.