General terms and conditions of business.

§ 1
Scope and Provider

​

1. The General Terms and Conditions (hereinafter referred to as "GTC") regulate the contractual relationship between Scrambl AG (hereinafter referred to as "Scrambl.") and a user (hereinafter referred to as "user") in the version valid at the time the contract was concluded. Users are understood to be private individuals (hereinafter referred to as “talents”) or legal entities (hereinafter referred to as “companies”).
    

2. Deviating general terms and conditions of the user will be rejected. Please read these conditions carefully before using a service from Scrambl AG.

 

Scrambl offers the following services:
 

Matching Slot (Job Matching Platform):

• Creation of job advertisements from companies using Scrambl. SkillMatcher in the form of intelligent and interactive job postings.

• Posting these job advertisements on the Scrambl. Platform.

• Provision of links for the job advertisements for the companies for further use and publication of the job advertisements via other channels.

• Application of job advertisements to talents based on their stored skill profile.

 

Matching contingent (active sourcing)

• Identification of suitable talents and personalized, active addressing of talents via various channels by using the job advertisement through Scrambl. according to the agreed address quota.

• Checking application documents for suitability and completeness and forwarding suitable talents to companies.

• Takeover of cancellation management on the talent page.

 

Flex working (payrolling)

• Organization of payment processing for temporary project assignments through the legally compliant payment of taxes, pension, insurance and social security contributions.
   

 

§ 2
formation of the contract

​

1. The user must have reached the age of 18.

2. Access to the use of the Scrambl. services requires registration on www.app.scrambl.org (hereinafter referred to as "platform") and acceptance of the General Terms and Conditions. The registration creates a contractual relationship between the Scrambl. AG and the user, which is based on the provisions of these General Terms and Conditions.

3. The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely prompts the user to make an offer.

4. The services listed in §1 can either be ordered independently by the user via the platform or by order confirmation via e-mail, telephone or verbally. Before completing an order, users will be informed about the respective service, additional contractual agreements (especially in the case of flexworking) and any payment terms.

5. Users agree that invoices will be received electronically. Electronic invoices will be made available to you via email or in the customer account on app.scrambl.org. We will inform you for each service whether electronic billing is available.
    

 

§ 3
Fees and Terms of Payment
 

1. To use the Scrambl services. it is first necessary to register on the platform free of charge and to create a user account.

2. If users wish to make use of a chargeable service, they will be informed of the chargeability in advance. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed. If a service cannot be provided in full due to a reason for which the user is responsible (e.g. due to premature hiring or an unexpected hiring stop, etc.), the user is not entitled to a refund of the booked service.

3. Scrambl. reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services. This also includes price increases.

4. Invoicing and payment processing can take place via invoicing or bank transfer. Alternative means of payment can be agreed for each order.

5. If a user defaults on payment, Scrambl. the assertion of the damage caused by delay.

6. Should the user choose an online payment method, the user authorizes Scrambl. by collecting the amounts due at the time of the order.

7. Should Scrambl. offer payment by credit card and the user chooses this payment method, this Scrambl authorizes. expressly to collect the amounts due.

8. Should Scrambl. offer payment by direct debit and the user chooses this payment method, the customer grants the provider a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer must bear the costs for this.

9. scrambl reserves the right to change fees for the existing scope of services (e.g. price increases).
    

 

§ 4
Registration and Cancellation

​​

1. A user account is for the sole and personal use of a user. Users must not authorize third parties to use this account. A user may not transfer their account to any third party.

2. A user is entitled, subject to reservation, to unsubscribe at any time in writing by post, e-mail or telephone without giving a reason. The previously concluded contractual relationship is thus terminated. Outstanding contractual obligations and the resulting payment and delivery obligations that have arisen from ongoing service agreements (see § 1 Services) remain unaffected by this.

3. Scrambl. may terminate the Contract at any time in its sole discretion, with or without notice and for any reason. Scrambl further reserves the right to remove profiles and/or any content posted on the website by or by the user. Scrambl. further reserves the right to check the content of a text written by a user and uploaded files for compliance with the law and, if necessary, to delete them in whole or in part. If Scrambl. terminates the user's registration and/or removes profiles or published content of the user exists for Scrambl. no obligation to notify the user of this or the reason for termination or removal.

4. Following any termination of any individual use of Scrambl's Services. keeps Scrambl. reserves the right to pass information on this to other registered users with whom Scrambl. assumes that they were in contact with the user

5. Users are obliged not to provide intentional or fraudulent false information in their profile and other areas of the portal. Such disclosures may result in civil and criminal penalties. Furthermore, users undertake to comply with the following rules for publishing content and communicating with other users:
   
   Under no circumstances may contributions:
   a. defame or discriminate against another person on the basis of race, sex, religion, national origin, disability, sexual orientation or age;
   b. contain offensive, lewd or inflammatory content;
   c. disseminate sexual or violent content;
   i.e. infringes the copyrights of another person or encourages, contributes to or advocates any illegal activity;
   e. breach any legal obligation owed to any third party or incite any person to commit an illegal act;
   f. harass another person, threaten or invade another person's privacy;
   G. misrepresent yourself or impersonate any person;
   H. falsely appear as if they are from Scrambl. or a Scrambl employee. come;
   i. Contain unsolicited and unauthorized advertising content, spam or junk mail;
   j. Contain personal information about other users without their express consent.
   
   Scrambl. also reserves the right in such a case to terminate the existing contractual relationship with immediate effect, to delete the user's account and to assert any claims for damages.
    

6. If a user's access is blocked due to culpable breach of contract and/or the contractual relationship is terminated, the user must pay compensation for the remaining contract period of an existing contract within the framework of flexworking service agreements between the company and Talent. The amount of damages depends on the damages agreed between the parties in the contract in the event of non-performance. Both contracting parties are free to prove that the damage is actually higher or lower.

7. After termination of the contractual relationship, all of the user's data will be sent to users after all open payment transactions, contractual relationships and information have been processed, with which the user who is logging off via Scrambl. has been in contact according to the specifications of the Scrambl. Privacy Policy deleted.
    

 

§ 5
Limitation of Liability (Services)

 

1. Scrambl. assumes no responsibility for the content and correctness of the information in the registration and profile data (e.g. experience, knowledge, skills, etc.) of the users or other content generated by the users.

2. With regard to the service sought or offered for flexworking arrangements, the contract is concluded exclusively between the respective users involved. Therefore, Scrambl is liable. not for services of the participating users. Accordingly, all matters relating to the relationship between Users including, without exception, the services received by an Orderer or payments due to Candidates shall be addressed directly to the relevant party. Scrambl. cannot be held responsible for this and hereby expressly rejects all possible liability claims of any kind, including claims, performance, direct or indirect compensation of any kind, conscious or unconscious, suspected or unexpected, disclosed or not, of any kind whatsoever in connection with the mentioned matters.

3. Scrambl is liable for other damages. only if they are based on an intentional or grossly negligent breach of duty by Scrambl. or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Scrambl. based.

4. The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they amount to a maximum of 5% of the order value agreed between the users in the contract.

5. Claims for damages based on injury to life, limb or health or freedom of a person become time-barred in accordance with Art. 60 OR.
    

 

§ 6
data protection
 

1. If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.

2. We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.

3. Third parties are not authorized to use contact data for commercial activities if the provider has given the persons concerned prior written consent.

4. You always have the right to withdraw from Scrambl. to receive complete and free information about the database concerning you.

5. Furthermore, the user has the right to correction/deletion of data/restriction of processing.

6. Further information on data protection and the use of cookies can be found in the separate data protection declaration and cookie policy.

​
 

§ 7
Jurisdiction and Applicable Law
 

1. For differences of opinion and disputes arising from this contract, Swiss law applies exclusively to the exclusion of the UN Sales Convention.

2. The sole place of jurisdiction is the Scrambl headquarters. Inc

​

 

§ 8th
Final Provisions
 

1. Contract language is German.

2. If you breach these Terms and Scrambl. If you do nothing about this, we will still be entitled to exercise our rights on any other occasion where you breach these Terms.

3. We reserve the right to make changes to our website, policies, terms and conditions including these Terms and Conditions at any time. The current terms and conditions of sale, contract terms and general terms and conditions that are in force at the time the contractual relationship between a customer and a supplier comes about apply, unless a change to these terms and conditions is required by law or by official order (in this case, see they also apply to contractual relationships between the customer and the supplier that have been concluded before). If any provision of the T&Cs then in effect is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

4. The invalidity of a provision does not affect the validity of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.