for the portal KOPRA.org
Notice: where KOPRA has provided you with a translation of the German language version of the page or site"s functionalities, then you agree that the translation is provided for your convenience only and that the German language versions of the Terms will govern your relationship with KOPRA. If there is any contradiction between the German language version and its translation in a different language, then the German language version shall take precedence.
§ 1 Area of Application
1. The following provisions apply for the contract of use between KOPRA – Koordinationsstelle fuer Praktika e. V. (in the following KOPRA) and the users of the Internet platform KOPRA.org.
3. The contractual lanuage is exclusively German.
§ 2 Subject of the Contract and Types of Membership
1. KOPRA operates at the domain KOPRA.org an Internet portal for offering a job and internship exchange for KOPRA users. Additionally, the portal provides users an opportunity to get in touch with each other, to share experiences and to introduce and present themselves or their company. KOPRA does not offer any procurement of the job or internship vacancies presented on the portal.
3. After registration, the following types of memberships are available for users of the portal KOPRA.org:
a. General membership for companies and applicants (free of charge)
b. Premium membership for companies (against payment)
c. Premium membership for applicants (against payment)
§ 3 Preconditions for Users and Use
1. The claiming of benefits offered at the portal KOPRA.org are entitled to users at 18 years of age. By registering at KOPRA.org the user explicitly assures the completion of his 18th year.
2. Every user has to give true particulars regarding his person or company. Particularly, it is forbidden to register by using a fake identity or company’s name. Modifications of the register details must be submitted to KOPRA immediately.
3. If the user is a natural person, he is not allowed to establish more than one user account at KOPRA.org.
4. It exists no title to using the internet portal KOPRA.org. KOPRA is allowed to bar users from using KOPRA.org at any time and without giving reasons, particularly if users put online forbidden content according to § 7.
§ 4 Registration and Conclusion of Contract
2. It exists no title to using the internet portal KOPRA.org. KOPRA is allowed to bar users from using KOPRA.org without giving reasons, particularly if the user has registered by using a fake identity or company’s name.
§ 5 User Data
1. Every user may freely choose his user name except it violates applicable German law or rights of third parties. As user name you may not choose the name of another natural person or of copyrighted, trademarked or otherwise protected names.
2. The user has to choose a password to log into his user account and is sworn to secrecy of his password. The user is liable for the unauthorized application of user data but in the case that KOPRA is responsible for the misuse of user data.
3. Any misuse of personal user name or password from whom the user takes note of or assumes as a matter of fact must be communicated to KOPRA immediately.
4. KOPRA is allowed to take action needed, particularly to block temporarily access or to delete the account in case of a de facto misuse or a reasonable suspicion of misuse of user name or password.
§ 6 Benefits of KOPRA Depending on the chosen type of membership at the time of registration KOPRA offers its user general and Premium benefits on the portal KOPRA.org. These benefits are described in a separate specification of services which can be downloaded here.
§ 7 Fees and Methods of Payment
1. Depending on the chosen type of membership at the time of registration the following fees apply:
a. General membership: free of charge
b. Premium membership for companies: 250,00 € for 6 months, 450,00 € for 12 months
c. Premium membership for applicants: 25,00 € for 12 months
2. All fees are inclusive of VAT.
3. For companies payment is made alternatively via debit note, invoice or PayPal, for applicants via PayPal only. The fees for the Premium membership have to be paid immediately at the time of issuing an invoice for the complete term. The user pays all costs incurred if a fee can not be collected, particularly bank charges for returned debit notes and other fees as far as the user is responsible for the charges. The transmission of invoices and payment reminders by KOPRA can occur via email, too.
§ 8 User’s Duties
1. The user undertakes not to put online any content that
a. is advertisement disguised as an experience,
b. does not have any reference with regard to content of the job description,
c. is irrelevant, deliberately untrue, dishonorable, derogative, backbiting, ethically displeasing, racist, glorifying violence, or pornographic or meets any other kind of elements of a crime.
d. violates rights of third parties, in particular patent rights, copyrights, trademark laws, or other property laws.
e. violates the right of informational self-determination of third parties.
2. The user guarantees to possess the property rights of all content that shall be published at KOPRA.org. The user entitles KOPRA the non-exclusive, areal, temporal, and with regards to content unrestricted right for use and application of the provided content. This includes the right of modification, copying, transmission, publication, and further development as well as the right to confer property rights on third parties without any right to compensation. The ulterior publication of content by the user is permitted. The granted rights of use linger beyond the end of the contract of use.
3. KOPRA reserves the right to modify or delete the content of the user or stop the publication temporarily or finally in case of a knowing violation by the user.
§ 9 Duration and Cancellation
1. The usage of the unpaid benefits at KOPRA.org is possible for an indeterminate time span. The contract of use can be cancelled by the user at any time without giving reasons unless the user has additionally closed a Premium membership against KOPRA with payment. In the latter case the contract of use can not be quitted before the prescribed expiration of the duration of the Premium membership.
2. The Premium membership expires automatically at the end of the respectively duration of the contract. The usage of the unpaid benefits at KOPRA.org persists after the expiration of the Premium membership within the limits of a general membership.
3. The duration of the general Membership starts with the automatically clearing of the user account. To activate the user account the user has to click on the activation link in the email he received after completing the registration with KOPRA.org. The duration of the Premium membership starts with the automatic or manual clearing of the benefits against payment by KOPRA after receipt of payment of the user fee.
4. The right of both parties for a cancellation without previous notice remains unaffected by numeral 1.
§ 10 Right of Withdrawal for Customers
1. Right of Withdrawal If the user is a customer and if he does not carry out his registration with KOPRA.org in conjunction with a commercial activity or self-eployed work, the user has the right to revoke his statement in writing (e. g. letter, fax, e-mail) without stating reasons and within two weeks. The two weeks deadline starts after receipt of this instruction in writing but not before conclusion of the contract according to § 4 of this terms and not before KOPRA satisfies its duty to supply information according to 246 § 2 EGBGB in conjunction with § 1 Abs. 1 and 2 EGBGB and the duties of KOPRA according to § 312e Abs. 1 Satz 1 BGB in conjunction with 246 $ 3 EGBGB. The revocation period shall be deemed observed if the notice of revocation is given within this period. The notice of revocation has to be addressed to:
KOPRA – Koordinationsstelle für Praktika e.V.
c/o Universität Duisburg-Essen
Institut für Ostasienwissenschaften
Lotharstr. 65, 47048 Duisburg
Fax: + 49 (0) 203 379 4157
Email: headoffice (at) kopra.org
2. Consequences of the Revocation In the event of a valid revocation, any services or products received, and any profit derived therefrom, if any , such as interest, shall be returned. In the event that the user is unable to return the services or products received in their entirety or at all, or where the user can only return them in a deteriorated state, then the user will be liable to pay compensation to KOPRA accordingly. The obligation for value replacement can lead to the user’s duty to pay for the stipulated service till the event of revocation. In the latter case the amount of value replacement measures according to the stipulated fee minus a possible share in profits. Obligations for compensation of payments received have to be achieved within 30 days. For the user the time limit begins with the despatch of the notice of revocation, for KOPRA it starts with its receiving.
3. Premature Expiration of the Right of Withdrawal
The right of withdrawal for the user expires ahead of time if the contract is fulfilled by both sides on explicit demand of the user before he exercises his right of withdrawal.
End of Disclaimer
§ 11 Liability and Indemnity Release
1. KOPRA is liable for any culpable breach of contract according to the statutory provisions, with the amount being limited to the compensation of the direct losses foreseeable and typical for this type of contract in case of slight negligence. For the rest KOPRA is liable only if the originated damage is caused grossly negligent or with intent. The liability for damages caused to live, body or health remains unaffected.
2. If the liability of KOPRA is limited or excluded according to the preceeding rules, this also applies for the liability of KOPRA’s employees, representants, and vicarious agents.
3. KOPRA does not guarantee the accuracy, completeness, and quality of content provided by its users. KOPRA does not embrace the content. For any content of another at KOPRA.org the user who puts online the respective content is solely responsible.
4. In the event of laying claims to KOPRA by third parties because of damages caused due to a violation of law by a user, the user exempts KOPRA from any titles and incoming costs by jurisdiction. KOPRA is allowed to accept the respective title against third arties in the event of laying claims insofar as the user fails to bring forward facts in defence or security for the incoming costs in an adequate time limit.
5. KOPRA does not take over guarantee for the uninterrupted availability of data and is allowed to freely fix an appropriate time span for technical maintenance.
6. Regarding direct or indirect links to external websites (hyperlinks) which are outside the area of responsibility of KOPRA, KOPRA is liable only if it has notice of these contents, if it is technically possible reasonable to prevent use, and if an accountability exists due to the general regulations.
§ 12 Data Protection
2. The user is allowed to get information for free on any data saved by KOPRA which is related to its person. Corresponding requests have to be send to the address of KOPRA headoffice as stated in the Legal notice. In case of incorrect individual-related data saved by KOPRA the data will be amended after a request of the user. Furthermore, the user is allowed to revoke its consent of the saving of individual-related data at any time with immediate effect for the future. It is sufficient for a revocation to send an email to the address help(at)kopra.org. In case of a corresponding request the individual-related data of the respective user will be completely deleted unless the saved data are still necessary to fulfill the contract or statutory provisions forbid the immediate erasure of the data. Then, instead of deleting the data will be blocked by KOPRA.
3. Without the written consent of the user KOPRA will not use individual-related data of the customer for purposes of advertising, market or opinion research.
§ 13 Jurisdiction, Place of Fulfilment, and Applicable Law
1. Jurisdiction is the domicile of KOPRA insofar as the user does not have a general jurisdiction in the Federal Republic of Germany. For the rest the statutory provisions apply.
2. Place of fulfilment is the domicile of KOPRA.
3. For the contractual relationship applies only the legislation of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
§ 14 Severability Clause
If any clause of part of this agreement of the application thereof to any person shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgement shall be limited and confined in its operation to the clause or part thereof directly involved in the controversy, in which such judgement shall have been rendered and to the person involved.