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. The following is a translation of the German language version:
§ 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
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us
c/o Universität Duisburg-Essen
Forsthausweg 2, LE 734
Fax: + 49 (0) 203 379 4157
Email: headoffice(at) kopra.org of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
2. Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of our services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
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
§ 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 with 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.
Dispute Settlement by ODR
The EU-Commission provides an online platform for dispute resolution (ODR), which will be available from February 15th 2016 according to an EU-Commission press release (Jan 9th 2016) at http://ec.europa.eu/odr Provided that the customer is resident of the European Union, this platform offers the possibility to settle out-of-court disputes over contractual obligations resulting from online (sales) contracts. We are obligated to inform you about the existence of this ODR-platform and with it about our e-mail address (info(at)kopra.org). KOPRA is not obliged and generally unwilling to participate in a dispute settlement procedure before a consumer arbitration board.