Terms of use
These Terms of Use apply to all use of the functions (hereinafter “Services”) provided on the internet by Peakr Group AG, Küsnachterstrasse 57, CH 8126 Zumikon (ZH), at the URLs www.careerpeakr.ch (main page) and the corresponding subpages (together hereinafter “CareerPeakr”).
Where only the masculine form is used below to refer to a person, this is done for the sake of simplicity and always also includes female persons and persons who are otherwise not male.
Scope of application
By registering at the aforementioned URLs or via a third-party website, the User acknowledges the exclusive applicability of these Terms of Use, unless individual agreements deviating from these Terms of Use have been or are expressly concluded between the User and the Operator, at least in text form.
Services provided
CareerPeakr offers an end-to-end digital process of high professional quality to support career development. To this end, Peakr Group AG provides Users, free of charge, with the career portal CareerPeakr for the highly confidential identification of precisely matching job and further training offers. This is based on an anonymous 360° matching between employers’ search profiles and the career profiles that the respective Users create free of charge and on a voluntary basis. Where there is a match, experienced HR experts at CareerPeakr review the career profile and approach the User exclusively with job offers tailored to him. In Switzerland, Peakr Group AG engages its wholly owned (100 %) subsidiary, Career Peakr Schweiz AG, Küsnachterstrasse 57, CH 8126 Zumikon (Switzerland), as processor in performing its services.
On CareerPeakr, the User can first view the job offers suggested in this way. If interested, he can authorise CareerPeakr to release his contact details and other content and data he has posted, in order to enable the interested employer to view them and to make contact. Until the User explicitly releases them to a specific employer, his personal data remain anonymous. Moreover, only that employer is given access to view them.
Peakr Group AG takes full account of data protection with regard to the data voluntarily provided by the User.
The specific scope of the Services is determined by the options for use offered on CareerPeakr.
The Operator continuously develops the Services offered. As a matter of principle, there is no entitlement to specific Services or to their scope or design. The Operator reserves the right to change the Services offered on CareerPeakr or to offer different Services, provided that this is reasonable for the User. This is the case in particular where the change or deviation is based on a change in the legal situation, a court judgment or a decision by a public authority, or serves to increase data security or the performance of CareerPeakr. Reasonableness is in any event also given where the change or deviation has only an insignificant effect on the usability of the Services, such as a mere adjustment of graphical, technical or procedural workflows.
Use of the Services is free of charge. However, the Operator reserves the right to offer paid Services or to make previously free Services subject to a charge after appropriate reasonable advance notice and always subject to prior notification.
Registration of the User and conclusion of the contract
The User must register before using CareerPeakr. Registration is effected by entering the User’s data into a registration form provided on CareerPeakr, which thereby creates a user area. The User has no entitlement to registration or to the use of Services without registration.
Registration for CareerPeakr is free of charge unless otherwise agreed.
The User warrants that all data provided by him during registration are true and complete. The User is obliged to state without undue delay in his user area any changes to the data provided during registration (e.g. a change of email address or name), including after registration on CareerPeakr has been completed.
The User warrants that he is of legal age at the time of registration.
During registration, the User chooses a password. He is obliged to keep his password secret. The Operator will not disclose the password to third parties and – apart from the registration and login process – will at no time ask the User for the password. Following registration, CareerPeakr sends the User a confirmation email to the email address provided. To complete registration, the User must click on the confirmation link contained in the confirmation email.
The User will inform the Operator without undue delay of any loss of the password or of any suspicion of misuse of his login data or his user area. The User is released from liability for actions carried out through such misuse only if he is not responsible for that use. PeakrGroup AG and its respective processors are likewise entitled to block access if there is sufficient suspicion that the registration data are being misused or that the User is in breach of these Terms of Use. In this case, CareerPeakr will inform the User by email.
By completing the registration process, the User submits an offer to conclude a contract for the use of the Services of CareerPeakr. The Operator accepts this offer by activating the User for at least one Service of CareerPeakr. Upon this acceptance, the contract of use between the User and the Operator is concluded.
The User may at any time completely delete his registration and thus his data and content.
Obligations of the User and consequences of breach
The User is obliged
- to establish the technical prerequisites for using CareerPeakr himself and at his own expense, in particular a high-performance internet connection;
- to provide exclusively true and non-misleading information in his user area;
- to comply with the applicable laws and all rights of third parties when using the content and Services on CareerPeakr.
The User is further prohibited from the following actions:
- blocking, overwriting, modifying or copying Services or the software underlying them, unless this constitutes proper use of the respective Services. Copying or reading out content or Services of CareerPeakr by means of “robot/crawler” search engine technologies is expressly prohibited;
- distribution, reproduction and public communication of content or Services of CareerPeakr without the Operator’s consent;
- any action that is liable to impair the functionality of CareerPeakr in whole or in part, in particular to place an excessive load on it.
In particular, the content posted by the User must not contain any depictions of violence or any pornographic, discriminatory, offensive, racist, defamatory or otherwise unlawful content and data. Furthermore, posting advertising is not permitted. The photos posted must also meet the usual requirements for application photos.
If the User culpably breaches obligations arising from the contractual relationship with the Operator, Peakr Group AG and its respective processors are entitled, after reasonably weighing the interests involved and without prejudice to the assertion of further rights and claims (e.g. extraordinary termination, damages), to take one or more of the following measures:
- deletion of content posted by the User;
- issuing a formal warning;
- temporary or permanent blocking of access to the Services;
- deletion of the user area.
Liability of the Operator
Claims of the User for damages are excluded. Excepted from this are claims of the User for damages arising from injury to life, body or health or from the breach of material contractual obligations (cardinal obligations), as well as liability for other damage based on an intentional or grossly negligent breach of duty by the Operator, its legal representatives, employees or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
In the event of a breach of material contractual obligations, the Operator is liable only for the foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the claims concerned are claims of the User for damages arising from injury to life, body or health.
The limitations in clauses 5.1 and 5.2 also apply in favour of the Operator’s legal representatives, employees and vicarious agents if claims are asserted directly against them.
The limitations of liability resulting from clauses 5.1 and 5.2 do not apply where the Operator has fraudulently concealed a defect or has given a guarantee for the quality of an item. The same applies where the Operator and the User have entered into an agreement on the quality of an item. The provisions of the Produkthaftungsgesetz (German Product Liability Act) remain unaffected.
To the extent legally possible, the Operator is not liable for content provided by Users or for third-party content linked by Users. Content means in particular posts, comments, opinions, depictions and information in all forms of presentation, in particular in text, graphic, film and photographic form, as well as names, titles, logos, trademarks and images.
Unrestricted availability of CareerPeakr is not technically possible. In particular, maintenance work, security measures or capacity limitations, as well as events for which the Operator is not responsible (e.g. disruptions of data lines or power failures), may lead to disruptions or to the temporary unavailability of CareerPeakr and its Services. All claims against the Operator attributable to impairments and/or interruptions of the use of CareerPeakr, on whatever legal grounds, are excluded to the extent permitted by law.
Rights to the User’s content and indemnification
The User grants PeakrGroup AG and its respective processors the non-exclusive right, unrestricted in territory and limited in time to the duration of his registration, to use the data and content posted by him.
The User indemnifies the Operator against all claims, including claims for damages, asserted against the Operator by other Users or other third parties on account of an infringement of their rights by the content posted by the User on CareerPeakr. The User further indemnifies the Operator against all claims, including claims for damages, asserted against the Operator by other Users or other third parties on account of the infringement of their rights through the User’s use of the Services of CareerPeakr. The User shall bear, upon first demand, all reasonable costs incurred by the Operator as a result of an infringement of third-party rights, including the reasonable costs incurred for legal defence. All further rights and claims for damages of the Operator remain unaffected. The User is entitled to prove that the costs actually incurred by the Operator were lower than those claimed by the Operator in the individual case
If the User’s content infringes third-party rights, the User shall, at the Operator’s option and at the User’s own expense, either procure for the Operator the right to use the content or modify the content so that it is free of third-party rights. If the User’s use of the Services of CareerPeakr infringes third-party rights, the User shall cease the use in breach of contract and/or in breach of the law immediately upon request by the Operator.
Data protection
Without the User’s consent, the Operator will
- collect, process or use personal data only to the extent necessary for the establishment, content or amendment of the contract for the use of CareerPeakr and its Services;
- process personal data only if this is permitted by law or there is a legal obligation to process them.
- not use personal data for the purposes of advertising, market research or opinion research.
Rights of Peakr Group AG
Peakr Group AG is entitled to discontinue the career portal in whole or in part at any time, subject to one month’s notice.
CareerPeakr provides information by email about suitable job offers or other CareerPeakr offers in the areas of further education and training. We recommend this email service, as it is the only way for the User to be informed promptly about suitable job offers. This consent can be withdrawn at any time in the CareerPeakr account. In this case, CareerPeakr will of course no longer send any email notifications about suitable career offers.
With its career portal, Peakr Group AG enables contact between employers and Users at the User’s request. The User is solely responsible for the content and success of an application. CareerPeakr is not responsible for the employers’ job advertisements and does not adopt the content stated therein as its own.
Amendment of the Terms of Use
The Operator reserves the right to amend these Terms of Use at any time with effect for the future without stating reasons, unless this is unreasonable for the User. Clause 2.3 above applies accordingly with regard to determining reasonableness.
The Operator will notify the User of amendments to the Terms of Use in good time in advance. If the User does not object to the validity of the new Terms of Use within six (6) weeks of the notification, the amended Terms of Use are deemed agreed between the User and the Operator. In the notification, the Operator will inform the User of his right to object and of the significance of the objection period.
If the User objects in due time, use will continue under the previous terms. In this case, the Operator has a special right of termination with a notice period of two (2) weeks.
Term and termination
The contract for the use of CareerPeakr may be terminated by the User at any time without notice by deleting his account, and by the Operator with one month’s notice to the end of a month by declaration in text form.
The right to terminate for good cause remains unaffected.
Deletion of the user area by the User during the term of the contract constitutes termination pursuant to clause 9.2.
Final provisions
These Terms of Use and their interpretation are governed exclusively by substantive Swiss law, to the exclusion of private international law and of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Use, including their validity, is Zurich.
Should any provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. The parties are obliged, by mutual agreement, to replace the invalid provision with a provision that comes closest to the economic purpose of this contract. The same applies to any gaps in the contract.
Version of 19 March 2024
Contact
Processor
Career Peakr Schweiz AG
Küsnachterstrasse 57 - CH 8126 Zumikon (ZH)
Email: kontakt@careerpeakr.ch
Operator
Peakr Group AG
Küsnachterstrasse 57 - CH 8126 Zumikon (ZH)
Email: kontakt@peakrgroup.com