Terms & Imprint

Imprint:

mycru is a platform made by babelfish film gmbh. Responsible for content: babelfish film gmbh. Schönbrunnerstraße 31/28, 1050 Wien, Austria. ATU 69324037   FA 12 567/3590  FirmenbuchNr: 396572w   Managing Director: Thomas Kürzl

Online dispute settlement according to Art. 14 Abs. 1 ODR-VO: The European Commission provides a platform for online dispute settlement at http://ec.europa.eu/consumers/odr for further questions you can also contact us. Contact Form

Information in accordance with §5 TMG.

 

Terms and conditions: Version published on 24th May of 2018
1. Introduction
These Terms constitute an agreement between mycru ( hereinafter ”mycru”, ”mycru.io”, “we”, “our”, “us”) and you (the User of the website mycru.io under the Url https://mycru.io, https://www.mycru.io, https://mycru.de and https://www.mycru.de).

babelfish film GmbH is the owner and operator of the website accessible at https://www.mycru.io, https://www.mycru.io, https://mycru.de, https://www.mycru.de(the Website), and of the recruitment service provided by mycru on its Website (the Service).

PLEASE READ THESE TERMS CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING “I AGREE”, or USING THE WEBSITE YOU DECLARE THAT (1) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS; (2) YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY ABLE TO ENTER INTO A CONTRACTS ON MYCRU; AND (3) YOU ARE AUTHORISED TO MAKE A COMMITMENT ON YOUR OWN BEHALF, OR ON BEHALF OF THE COMPANY STATED TO BE YOUR EMPLOYER WHEN REGISTERING, AND THEREFORE TO BIND THAT COMPANY TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS THE WEBSITE OR THE SERVICE.

mycru operates as a platform that allows Employers to post job offers to Freelancers. mycru is not and shall not be the employer, agent, partner or joint venture partner of any Freelancer or Employer. Freelancers are employed or engaged by the Employers directly. Please note that these Terms may be modified at any time, therefore you are invited to consult them regularly. When important or significant changes are made, the page containing the Terms will be updated on the Website. We will also update the “Version published on” date at the top of the Terms. If you are registered on the Website, we will also notify you by email of any changes. Any modification of the Terms will be effective immediately for new Users of the Website and will be effective thirty (30) days after the publication of the new Terms for existing Users. If you do not agree to the new Terms, your sole remedy is to cease using the Website and Service. Otherwise, your continued use of the Website will constitute acceptance of the change(s).

2. Definitions
Terms: these terms and conditions.

Freelancer: any individual who registers on the Website seeking professional opportunities for fixed-term contracts or permanent contracts.

Employer: any individual or any organisation that registers on the Website that is interested in employing a Freelancer.

Interview Request: A message sent by the Employer to a Candidate to notify the Candidate of the Employer’s interest. An Interview Request is not binding and does not create any contractual obligations for the Candidate and/or the Employer.

Website: the website https://www.mycru.io, https://mycru.io, https://www.mycru.de, https://www.mycru.de

User: a registered user of the Website. A User can be a Freelancer or an Employer.

You: any visitor to this Website

Description of the Service
3.1 For Freelancers
mycru.io is an online service that connects Freelancers with Employers. As a Freelancer, you have the opportunity to find employment in a transparent manner by allowing multiple Employers to send you job offers or by browsing the job board and find job opportunities based on your skills. The use of mycru is totally free for both Freelancers and Employers. As a freelancer you can bid on a job. If the employer likes your offer, you will be awarded the job. A Freelancer will receive the work fee directly from the Employer. After a job is finished and paid by the Employer, both Freelancer and Employers have the chance to leave a review on the project and rate the Freelancer and the Employer. A Freelancer can unlock additional features for example access to the Employers Directory by signing up for different membership levels (mycru Premium Memberships). You don’t need to be a premium member to fully use this platform.

3.2 For Employers
As an Employer, mycru gives you the chance to find and see qualified profiles and reduce the costs associated with recruitment. When you publish a job offer, it will be published to all mycru members and mycru members will start biding on your job. Additionally you can personally invite selected Freelancers to take part in your bidding process. If you are happy with a Freelancer you can select the Freelancer and award the Freelancer the job. From this point on, both selected Freelancer and you (Employer) will access the workspace where you can exchange further information about the job in a secure environment. Several features like “Milestones” will help you to check the current status of your project. You will receive an invoice from the Freelancer directly. After the project is finished and the payment is done, both sides (Freelancer and Employer) will rate the quality of the other side.

3.3 Verification
mycru does not conduct any investigations into the experience of its Users and does not perform any verification of the statements made by Users; however, mycru reserves the right to carry out any such checks or to use any other valid means by using publicly available information. Therefore, Users are responsible for investigations, or any other means of due diligence, required before any employment or other engagement to verify the qualities, experience and references of Candidates and the suitability of Employers.

4. Registration
By creating an account on the Website, you agree to provide accurate, truthful, complete and current information. If you provide false, inaccurate, out-dated or incomplete information, mycru has the right to suspend or terminate your account. You are responsible for all activities that occur on your account.

You also agree not to create an account using a false identity or false information, or on behalf of someone else. You are not allowed to register again on mycru if you have already been banned from the Website.

4.1 Freelancer Account
To use mycru as a Freelancer you must register and create a profile. Use of the Website and the Service is free for you. Upon registration, you need to confirm your email address and you need to fully fill your profile page, otherwise your account will remain inactive. We may ask you to provide information such as your name, email address, artist name, professional experience, skills and other information that we consider relevant.

In addition, you agree to provide any proof of identity that we may require from you. We may also allow you to use a third-party service such as LinkedIn, Facebook or Twitter to register. If you do so, you confirm that the information contained in such third-party services is current and accurate and can be used for the purpose of your registration under these Terms. If you use your account with a third-party plugin for registration you should also use the same social login in the future to prevent that an additional account is created for you.

We will review the information you provide us with during the registration process and we may also examine any other information about you that is publicly available. We reserve the right, at our sole discretion, to accept or reject your registration. If your registration is accepted, you will be allowed to use our Service.

4.2 Employer
To use mycru as an Employer, you must also register. Registration and publishing jobs and finding freelancer is free for you. When registering, we may ask for additional information about your organisation and other relevant information about you. Once registered as an Employer, you can create one or more searches to specify the type of Freelancers you are seeking for a job. We will review the information you have provided to us during the registration process and any other publicly available information. We remind you that in order to create an account on the Website as a company representative, you must confirm that you have authorisation from your Employer. We reserve the right to verify that you have such authorisation.

We reserve the right, at our sole discretion, to accept or refuse your registration to use our Website. If your registration is accepted, you will be allowed to receive profiles of Freelancers and have the opportunity to receive bids on your job offers.

Once the registration form has been validated, you will receive an email to the address provided to confirm creation of your account.

5. Your password
You are strongly advised not to choose a password constituting a common word and to alternate numbers and letters. It is your responsibility to change your password regularly. You are solely responsible for your password and the use made of it. You shall not share it with anyone else and not to allow other people to use your mycru account. You agree that entering your email address and your password is proof of your identity.

6. Your obligations and commitments
You shall (1) use any content posted by other Users (by Employers or by Freelancers, as appropriate) in accordance with the laws applicable to the right to the respect of privacy and the protection of personal data; (2) as an Employer, not disclose, beyond your in-house service dedicated to recruitment and for your own goal of recruiting a Freelancer, the names or identities of Freelancers or information relating to an Interview Request made; (3) as a Freelancer, not disclose any information relating to a won project; and (4) take the appropriate physical, technical and administrative measures to protect the content that you obtain when using the Website and Service from loss, misuse, unauthorised access, disclosure, alteration or destruction.

Our Service allows the uploading of photos, video links, curricula vitae and any other information and enables the sending of messages and communication with other Users (Content).

6.1 Your Content
You agree not to:
upload Content in breach any applicable laws and regulations;
upload Content that is illegal, degrading, violent, threatening, defamatory, libellous, vulgar, obscene, indecent, immoral, hateful, racist, xenophobic, anti-Semitic, sexist, constituting harassment or discrimination, or that violates others’ privacy, personal dignity, respect for personal data, confidentiality or secrecy of correspondence;
upload Content that infringes the intellectual property rights of others;
disseminate information that is deliberately false or in order to harm others;
upload Content to promote or condone illegal activities, incite hatred and harass others.
We are not responsible and accept no liability for User Content including any User Content that contains incorrect information or is defamatory about a third party. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. You may notify mycru if you think that a profile, job offer, message or any other visible content on the Website, is manifestly unlawful or in breach of these Terms, by sending us a message. Contact Form

6.2 Your use of the Website
To the extent permitted by law which is not capable of exclusion, you agree:

Not to copy, distribute or to disclose any part of the Website by any means whatsoever;
Not to download, publish, transmit or distribute materials that contain viruses or any other computer code, files or programs designed to interrupt, hinder or limit the functioning of any software, hardware or other equipment relating to telecommunications;
Not to interfere with or hinder the operation of the Website or its servers;
Not to go beyond your User privileges, for example by attempting to use tools to which you do not have access or by deleting, adding or modifying the content of the Website;
Not to imitate or impersonate a Freelancer, Employer or any person from the mycru team;
Not to sell or transfer your account to third parties;
Not to implement practices that could appear to be spam, such as the promotion of a website via fake links, or the promotion of your own website or business by publishing advertising messages in your profile.

7.1 Job Invite
During bidding period, Freelancers will be visible to Employers seeking relevant profiles and Freelancers may receive bidding invites from Employers if they set their profile to “visible”.

7.2 The role of the Employer
Employers can access the profiles of Freelancers who match their search criteria. They can choose from all Freelancer bids and select the best match for their job offer. Once selected the best Freelancer the Employer can communicate with the Freelancer directly to share additional information about the project. Employer has to pay the Freelancer directly and establish a binding contract with the Freelancer. Freelancer will send a invoice to the Employer.

7.3 The role of mycru
mycru provides a location and technical tools for Freelancers to enable them to search for and contact Employers. The agreements established between Employers and Freelancers do not bind mycru contractually. mycru has no obligation to enforce any agreement between Employer and Freelancer. mycru is not involved in the formation of these agreements and cannot be held liable for any damages resulting from the enforcement or not of these agreements.

8. Intellectual property
The mycru brand, consisting of the trade marks, whether registered or not, all the other marks, illustrations, images, texts, commentaries and logotypes appearing on the Website, whether registered or not, the general structure of the Website, as well as the text software, animated and still images, expertise, drawings, illustrations, data base or any other elements comprising the Website, is and will continue to be, the exclusive property of mycru and its licensors.

The same applies to any copyright, design, utility certificate or patent which is the property of mycru. Any reproduction, in whole or in part, modification, extraction or utilisation, for whatever reason and by whatever means, without the prior and express approval of mycru, is strictly forbidden.

9. Links to third party content
Links to other third party internet sites may be available on this Website. mycru has no control over these internet sites or their contents. The publication of links to such internet sites does not in any way imply that mycru approves these sites, their contents or the products and services offered on them. You are solely responsible for using them.

We accept no responsibility for adverts contained within the Website. If you agree to purchase goods and/or services from any third party who advertises in the Website, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

10. Confidentiality
10.1 Confidentiality of log in details
The User agrees to keep his/her password and other log in details secret and to not divulge them in any form.

In the event of the loss or theft of any of log in details, the User must inform mycru immediately and in writing (by e-mail or letter with recorded delivery).

10.2 Confidentiality of data
Confidentiality of the personal information of the User: personal information is the data pertaining to the User (postal and electronic address, occupation etc.) These details are exclusively for the management of the User Registration and for the commercial relationship between the Users and mycru. None of this information will ever be made available to a third party other than upon application by a court or a government authority or a competent judicial authority. Personal data of the User is processed in accordance with mycru’s Privacy Policy available at https://mycru.io/privacypolicy/

Users agree to keep confidential all information relating to other users that is provide to them or otherwise accessed by them through the Website and/or in relation to the Services.

11. Exclusion of liability
We shall (a) provide the Services with reasonable skill and care; (b) use industry standard virus detection software to try to block the uploading of content to the Website that contains viruses; and (c) subject to Condition 14 below provide you with access to the Website and the Services.

Save in relation to our obligations set out in above, the Services and the Website are provided on an “as is” basis. We do not warrant that a Freelancer will find a job, nor that an Employer will fill a job nor that a Freelancer will be suitable for a job vacancy, or an Employer suitable for a Freelancer. To the maximum extent permitted by law (a) we disclaim all liability whatsoever, whether arising in contract, tort (including negligence or under statute) or otherwise in relation to the Website and the Services; and (b) all implied warranties, terms and conditions relating to the Website (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.

We will not be liable, in contract, tort (including negligence or under statute) or otherwise, as a result of or in connection with the Website or the Services, for any (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of reputation; (c) loss of data; (d) special or indirect or consequential loss even if advised of the possibility of such losses; and/or (e) any loss arising from your failure to provide accurate and complete information when required to do so.

Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.

12. Availability of the Service
We will use reasonable endeavours to make the Website available to you at all times. However, there may be occasions when access to the Website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You should promptly report any fault in the Website and/or the Services to us and we shall endeavour to remedy the fault as soon as reasonably practical.

13. Suspension and Termination
13.1 By mycru
If an Employer or Freelancer receives a signifikant amount of negative reviews and mycru investigations proof that a Freelancer or Employer is not trustworthy in delivering the job performance or by constantly not paying or paying with extreme delays we reserves the right, to terminate access to the Services or suspend access to the Service.

If any User breaches any of his/her obligations under these Terms, mycru can suspend or terminate the users account and the users right to use the Service at any time without notice.

13.2 By the User
If you wish to terminate your account, you can do so by sending us an email with your username email.

If it is not possible for the User to connect to the internet, he/she could terminate the account by sending a letter with recorded delivery to mycru.

13.3 Consequences of Termination
Termination may result in the immediate deletion of all content that you have submitted to mycru. mycru will not be held responsible for the suspension or termination, including the loss of your content. All the provisions of these Terms which, by their nature, should continue to apply after cancellation, are applicable after cancellation, including, without limitation, the terms and conditions on ownership, the terms and conditions on recruitment fees, exclusion of liability, indemnity and limitation of liability. Your username will not be available for you anymore.

13.4 mycru Premium Subscription

With a mycru Premium Subscription Freelancers can get access to the mycru Global Employers Directory. The subscription costs 1,99 Euros per month. You can register for mycru Premium via the footer after Login. If you want to stop your membership or change your payment settings please click here (My Account Settings).

14. Publicity
mycru may include the name of any Employer in any document, electronic or otherwise, for marketing and publicity purposes and list all Employers and the public data of each Employer in the mycru Global Employers Directory accessible by  mycru premium members.

15. General
mycru reserves the right to subcontract in whole or in part, its obligations under these Terms.

These Terms (as amended from time to time) constitute the entire agreement between us concerning your use of the Website to the exclusion of all other terms and conditions including any terms or conditions which you purport to apply.

You may not assign your rights or obligations under these Terms.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms are governed by the laws of Austria and any dispute about the validity, interpretation or termination of the Terms will be subject to the exclusive jurisdiction of the courts of Austria.

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