of use

Last updated: May 1, 2024

I. Website

Hays AG ("Hays") provides you with access to tribeworks.de ("Website") to assist you at every stage of the recruitment process and to offer you other specialized services. Please read these Terms of Use of the Website ("Terms of Use") carefully before using the Website. By using the Website, you agree to be bound by these Terms of Use, whether or not you register with us. If you do not accept these Terms of Use, you may not use the Website.

The use of certain services and offers of tribeworks requires prior registration free of charge ("tribeworks Platform") at www.tribeworks.de. Additional provisions apply to the use of the tribeworks Platform, which are set out under II.

When using the Website, the visitor (whether registered or not) (collectively and individually referred to as "User") is obliged to comply with all applicable statutory and legal regulations. In addition, any inappropriate use of the Website is prohibited.

The following behaviors in particular are inappropriate:

  • Uploading and distributing chain letters and/or spam mails;
  • Uploading and promoting offensive, insulting, pornographic, sexual, racist, political, religious or violence-glorifying content;
  • Deliberate interference with the operability or functionality of the website, for example by hacking or by injecting malware such as viruses or harmful data into the website, the services or the operating system;
  • Viewing, modifying and unauthorized copying or deletion of content from the website or content or data uploaded by other users;
  • Advertising, regardless of whether it is for our own purposes or for the purposes of third parties;
  • Any other conduct that is not in furtherance of the purposes of the Website and that is inconsistent with these Terms of Use and/or applicable law.

Users are subject to the following obligations when they upload data, post content or share contributions:

  • Statements and posted content and/or data must be correct;
  • No bullying, insulting, intimidating or degrading other people when using the website or a service;
  • No deceiving, harassing, annoying, exposing or harassing other people;
  • No impersonation of another person's identity or misrepresentation of one's own identity or relationship to other persons;
  • No giving the false impression that data, content or contributions originate from another person;
  • Not infringe the intellectual property rights of Hays or any third party in connection with the use of the Website or the Services, including the use of any content or materials (to the extent their use is not licensed by these Terms of Use);
  • Not to use offensive, defamatory or otherwise objectionable content or materials when using the Site or the Services or any content or materials that violate Hays' Content Guidelines;
  • Not use the Website or the Services in any manner that could damage, disable, overburden, compromise or impair Hays' systems or security, or interfere with any other user;
  • Not promoting, soliciting or inciting others to violate the law or to commit or participate in a criminal offense, such as (for example) copyright infringement or computer fraud;
  • Not making statements that the User knows or believes will likely be understood by members of the public to whom the statement is or is intended to be directed as a direct or indirect incitement or other inducement to commit or prepare or incite acts of terrorism. This also applies if the User has reasonable grounds to believe that his/her statements will be understood in this way;
  • No collection or extraction of information or data from the Services or Hays' systems, no attempt to decrypt transmissions to or from the servers on which the Services are hosted; and
  • No offering or advertising of services that compete with the services of Hays.

The Website and any services offered hereon may contain links to other websites independent of the Website or content from other users or third parties that are not provided by Hays. Hays is not responsible for content shared by other users or third parties via the website. This applies in particular to the accuracy and timeliness of such content and the observance of data protection by other users or third parties.

Unless otherwise stated, all intellectual property rights in the Website and related materials (including the name and logo) and the services provided through it worldwide belong to Hays, its affiliates and Hays' licensors. The User is authorized to use the Website and related services. The User is not granted any intellectual property rights in the Website, the Materials or the Services, but only the right to use the Website, the Materials and the Services in accordance with these Terms of Use. The User shall not place any material on the Website that infringes the intellectual property rights of third parties.

Hays grants the User free access to the Website and to all services offered there. Hays may revise the Website at any time in order to implement changes to the services, user needs or Hays' business orientation, to improve the functioning of the Website or to improve the security of the Website. Hays will try to inform users in good time of any major changes.

Hays is under no obligation to make the Website available on a continuous or uninterrupted basis. The Website may be interrupted from time to time for technical reasons within or outside Hays' control. In addition, Hays may suspend, withdraw or restrict the availability of all or parts of the Website for business or operational reasons.

The information contained on this website is provided in good faith and Hays makes all reasonable efforts to ensure its accuracy. However, Hays can make no representations or warranties in relation to this information and any such representations and warranties, whether express or implied, are hereby excluded.

Hays shall be liable without limitation for damages resulting from injury to life, limb or health caused by a breach of duty by Hays, a legal representative or a vicarious agent of Hays, as well as for damages caused by the absence of an agreed quality and in the event of fraudulent conduct on the part of Hays. Hays shall also have unlimited liability for claims under the Product Liability Act. Furthermore, Hays shall be liable without limitation for all damage caused by Hays or one of its legal representatives or vicarious agents intentionally or through gross negligence.

Hays shall not be liable for any loss or damage suffered by any User in reliance upon or as a result of the use of this information. Hays shall not be liable to any User who has relied upon or used this information (a) for loss of revenue, loss of salary, loss of anticipated salary, loss of profits, loss of anticipated profits, whether in the ordinary course of business or otherwise, loss of or damage to employment prospects, loss of opportunity, loss of use of money, loss of anticipated savings, loss of business, loss of goodwill, loss of or damage to reputation, for loss of data and corruption of data, for loss of time spent on business management and administration, for legal and other professional advisers' fees and related expenses; or (b) for any indirect, consequential or incidental loss or damage howsoever caused including, without limitation, as a result of misrepresentation, negligence, other tortious acts, breach of contract or breach of statutory duty arising directly or indirectly out of the subject matter of this website.

You unconditionally agree to indemnify and hold us harmless from and against all costs, expenses, claims, losses, liabilities and proceedings arising out of your use or misuse of this website.

The place of performance is Hays' registered office in Mannheim.

This contract shall be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). The User's attention is expressly drawn to the legal effects of Art. 6 (2) of Regulation (EC) 593/2008 (OJ 2008 L 177/6) on the law applicable to contractual obligations (Rome I Regulation). According to this, the choice of law cannot result in a consumer being deprived of the legal protection granted to him by statutory provisions of the law which would be applicable without the choice of law and which cannot be deviated from by party agreement according to the law applicable without the choice of law.

If the User is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the place of jurisdiction shall be Mannheim. If the User is a consumer within the meaning of Section 13 BGB, the place of jurisdiction shall be determined in accordance with the applicable law.

Hays does not participate in alternative dispute resolution proceedings before a consumer arbitration board.

Send your questions about the information on this Website to hello@tribeworks.de.

Hays may amend these Terms of Use at any time by posting the amended Terms of Use on this Website. If you continue to use this Website after a change, you are deemed to have accepted the amended Terms of Use.

II. tribeworks Platform

The tribeworks platform is aimed exclusively at businesspersons within the meaning of § 14 BGB (German Civil Code). It only includes projects for which the services are to be provided in Germany. The tribeworks platform is open to all Users who fulfil the requirements under II 2. By registering on the tribeworks Platform, the Uuser has the option of registering for specific projects or other services, administering or requesting project assignments and associated services.

The uploaded documents (e.g. CV, project history, project request etc.) on the tribeworks platform are processed in accordance with Hays' privacy policy (privacy policy). This includes, among other things, the forwarding in an appropriate form (digital, written or verbal) to clients, potential clients, or affiliates of Hays in order to find suitable projects for the User. Hays may also send client data to Users in order to find suitable experts for client projects. .

By completing the registration fields and sending the registration data to Hays, the User declares that he/she is at least 18 years old. In addition, the User confirms that he himself/she herself, or the company for which he/she is acting, is in possession of a German tax number or EU VAT identification number. If the User is acting on behalf of a company, by completing the registration fields and sending his/her data to Hays, he/she declares that he/she has been duly authorized to act on behalf of and with the power of attorney of the company in question.

The User is obliged to keep his access data secret at all times. He/she must change their password regularly and ensure that an up-to-date e-mail address is stored at all times. Each User may only set up one profile on the Website. The use of the profile by third parties is prohibited.

If a User has indications that third parties may have access to his/her access data, he/she must inform Hays of this immediately. He is obliged to support Hays in the investigation of possible misuse of his profile by third parties. To this end, the User must provide Hays with all data that can help identify the persons who have misused the User's profile.

The User is obliged to use only truthful and complete data and content. He/she may only use his/her real name. The User is obliged to update his/her data regularly. Hays is entitled to request the User to update his/her data at intervals of six months or more frequently.

In the event of a breach of any of the above provisions, Hays shall be entitled to delete the data published by the User that constitutes such a breach, to temporarily or permanently block the User's access to the Website or to terminate the contract with the User. If there are credible grounds for suspecting such violations, Hays is entitled to block the User's access to the account until the investigation of the underlying facts has been completed and to suspend the services on its website during this period.

A User shall be liable for all damages caused by the misuse of his/her tribeworks account by third parties due to the User's fault.

The agreement with the User regarding the User account and the services provided within the scope thereof is concluded for an indefinite period. Either party may terminate this agreement with immediate effect and without giving reasons. Hays accepts notice of termination via the contact options provided in the legal notice.

Termination terminates the right of use by the User.

Changes in circumstances or changes or extensions to the Services may necessitate changes or additions to the Terms of Use of the tribeworks Platform. To this end, Hays shall send the User an offer to amend the terms and conditions in text form (cf. Section 126b BGB). The User may accept or reject this offer.

The User accepts an offer within the meaning of the above paragraph if he/she confirms the change to the Terms of Use by clicking on the corresponding notification screen and continuing to use the platform or the respective service to which the changes to the terms relate.