Nioomi Terms and Conditions
Terms and conditions for the usage of Nioomi.com web-based global mobility service of Nioomi Service GmbH (haftungsbeschränkt) (hereinafter the Company referred to as “Nioomi”). Nioomi is Registered in the commercial register Amtsgericht Hamburg HRB 179080 and located Grimmstraße 45, 22589 Hamburg.
1. Scope of Application
1.1 Nioomi offers different services in regard to the recruiting and administration of international talents to clients. These terms and conditions of use and business (hereinafter referred to as “GTC”) apply to all services offered by Nioomi and related contracts and legal transactions, transactions similar to legal transactions and declarations of intent between Nioomi and its users (hereinafter referred to as a user).
1.2 These Terms and conditions apply to all users of the Nioomi service provided via Nioomi website.
1.3 Nioomi may use the services of independent third parties ("Third Party Services") such as messengers, social networks or others for the Service. The Third Party Services are identified as such by Nioomi. Nioomi is not responsible for these Third Party Services and third party services may be subject to the terms and conditions of their providers.
2. Registration, Conclusion of user agreement
2.1 In order to use all Nioomi services you need to register and open a user account with your real name by using an e-mail adress. By registering an account you officially confirm that you are of legal age and have full legal capacity. Creating an account with false information is a violation of our Terms and Conditions and entitles Nioomi to delete the account and immediately terminate all legal relations and obligations made.
2.2 Please make sure that your login data (user name and password) are only known and used by you personally. If you suspect that unauthorized third parties have access to your account, you must notify us immediately so that we can block your account as soon as possible. In order to use the account again, you can go through the password reset process on our website.
2.3 Once you have completed the registration process on our website, you will receive an e-mail with a link. Once you click on the link, you confirm the conclusion of a user agreement. The content of the agreement is also included in this email sent by Nioomi.
3. Nioomi global mobility Services
Nioomi is offering multiple services to our users. It is up to the user alone to decide which services to use. The scope of services offered can change at any time. Core components of the offer are currently an assessment of the qualification, a task list, the provision of required documents as well as integrated affiliate partnerships. In addition, the user has the option of being connected with potential employers.
3.1 The web based platform you can reach via Nioomi.com, and through any further connected websites services by Nioomi, is providing most relevant information about visa and migration aspects. In addition, we offer a preliminary examination of your qualifications to find out to what extent they are recognized in Germany, or to what extent and what subsequent measures might be necessary/possible that would enable you to obtain a residence title necessary to take up a professional activity. The examination is an automated process that does not entail any legal claim and may possibly reach different results than the local competent authority. In addition, Nioomi is offering you to give our partner companies access to your profile information and allow them to contact you directly through possible communication services (mail, messenger or similar services). By granting permission, Nioomi is authorized to make all profile information available to our partner companies. This also includes the possible forwarding in external document form to the partner companies.
3.2 Nioomi is a web-based service that guides our users through their personal relocation process in a digital way. All tools and information on Nioomi.com (or other domains) are created to the best of our knowledge to help you with your relocation process. During the relocation process Nioomi supports the user in the best possible digital way but Nioomi is not responsible for the correctness of the information provided to the authorities or for any missing documents that the authorities may request from the user. The same applies to the up-to-dateness of the information contained in the Whitpapers. The scope of services provided on Nioomi.com may change at any time. A claim to once offered tools or information is not given. Changes in the scope of services do not require renewed acceptance of the GTCs.
3.3 Nioomi cooperates with third party service providers (affiliate partners) in certain steps of the relocation process. In case of a successful mediation use Nioomi may receive a commission from these partners.
4. User's obligation
The user must provide the information about himself/herself requested in the mandatory and voluntary fields of the registration form. An extension of the mandatory fields or fields to provide voluntary information can be made by Nioomi at any time.
The user may not transfer personal data of third parties (i.e. data that allows identification of a person) to Nioomi, unless data protection laws allow such transfer or the user has obtained the consent of the parties concerned. The communication between Nioomi and the user can be carried out through all conceivable, suitable communication channels (e.g. e-mail, slack, phone). As soon as the user gets in contact with a company, which got access to the information about the user through Nioomi, Nioomi has to be informed by the user within 10 working days (in writing).
5. Placement & Payment
The use of Nioomi is free of charge for the user. The user agrees to inform Nioomi in writing (digitally) as soon as possible, at the latest within 10 working days, if he has been placed or otherwise used by the company ("placement"). Placement is understood to be any form of employment, employee leasing, transfer or other use of the User by the Company or a company affiliated with the Company within the meaning of §§ 15ff. of the German Stock Corporation Act.
Since the contract data is the basis for the business relationship between Nioomi and the company, the user agrees that in case of a placement, corresponding information will be passed on to Nioomi by the hiring company. In addition, Nioomi is entitled to contact the user throughout the process in order to obtain information about the current status of ongoing negotiations.
6. Quality of the Service / Technical Deficiencies
It is in the nature of the Service that it is continuously developed and updated. Changes and further developments of the Service offered via Nioomi.com are intended to ensure appropriate use and ease of use for the User. The changes and further developments of the Service may affect system and compatibility requirements. The User has no right to maintain or restore a certain scope of the Service, which, however, does not affect any defect claims of the User related to technical usability of the Service.
Nioomi does not assume any warranty, which is caused by external influences, such as operating errors of the user, force majeure or by changes or other manipulations not made by Nioomi.
Nioomi does not provide any guarantees in legal terms, unless this is explicitly stated in these terms of service.
Except in the case of intent or gross negligence, claims for damages due to breach of duty and unlawful conduct as well as claims for compensation of futile expenses against Nioomi and its vicarious agents and assistants are excluded. The same shall apply in the event of slight negligence on the part of vicarious agents or persons employed in the performance of our obligations.
7.1 For simple negligence, Nioomi is only liable as it relates to the violation of a cardinal contractual obligation and only for predictable or typical damages. Cardinal contractual obligations are those for which the performance is an essential precondition for the proper execution of the contract and upon the performance which the User may, as a general rule, rely.
7.2 Limitations of liability shall not apply in the context of assumed guarantees or for damage to life, limb or health or for claims arising under the Product Liability Code (Produkthaftungsgesetz).
7.3 If usage of Nioomi.com or the transmission of data leads to negative effects or damage to the hardware or software of the User, Nioomi is liable for the same only inasmuch as the same were caused by intent or gross negligence.
This Agreement shall become effective upon Nioomi's approval of User's request and shall continue until terminated as set forth below.
Either party has the right to terminate this Agreement upon ten (10) business days' notice. The parties may terminate this Agreement at any time for cause. The termination must be made in writing, whereby written form also means e-mail. Upon request, the reasons for extraordinary termination must be provided in writing without delay if they are not already listed in the notice of termination.
9. Data protection
The user acknowledges that Nioomi may contact him/her (phone, email or messaging services) to suggest companies that fit the users's profile and further requirements if shared with Nioomi.
10. Changes to the Terms of Service
11. Governing Law / Jurisdiction
This Agreement shall be governed by and construed in accordance with German law. If the user is a resident of the EU, the user shall not be deprived of the protection afforded by the mandatory consumer protection law of its country of residence. If the user takes legal action, the action must be filed with a German court or with the court of the user's country of residence.
12. Instructions on the Right of Withdrawal
Users have a right of withdrawal with regard to the user agreement pursuant to the following provisions:
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 (Nioomi Service GmbH, Grimmstraße 45, 22589 Hamburg, e-mail at email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
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.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), 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 request to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
The user's right of withdrawal expires also in those cases in which Nioomi has completely provided the registration service and began with the performance of the service only after the user had given his express consent thereto and concurrently acknowledged that she/he would lose right to withdrawal from the user agreement once Nioomi has fully performed the user agreement.
Model withdrawal form
(If you wish to withdraw from this agreement, please fill out this form and return it.)
To Nioomi Service GmbH, Grimmstraße 45, 22589 Hamburg, e-mail at firstname.lastname@example.org:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*)____________________________________
Name of consumer(s)___________________________________________
Address of consumer(s)_________________________________________
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate