Terms & Conditions

Careloop GmbH

General terms and conditions

These general terms and conditions include the terms and conditions of the Careloop Recruiting, Careloop Qualification, and Careloop Integration products.

Last update: June 2024

1. Scope

The following general terms and conditions (hereinafter referred to as “GTC”) refer to the offer of Careloop GmbH (hereinafter referred to as “Careloop”). This offer includes general conditions as well as specific conditions for the Careloop Recruiting, Careloop Qualification, and Careloop Integration products.

The company also differentiates between user groups. The term customers refers to employers in the healthcare sector. The term business partners refers to customers and other recruitment partners in Germany and abroad. The terms are used synonymously in each case. The term user includes all users.

In addition to the following GTC, a contract is concluded with business partners and nursing staff for one or more products, which regulates more detailed provisions. Any deviation from these terms and conditions must be expressly agreed to in writing.

Neither party may assign or transfer any of its rights, liabilities or obligations under this Agreement without the prior written consent of the other party.

Careloop reserves the right to terminate relationships with business partners should they violate the GTC.

A) Careloop Recruiting

Careloop is an online platform for advising and placing trained international healthcare personnel with German employers. German hospitals and care facilities use the platform to recruit international specialists who have been checked in advance for their qualifications and language skills. Once a contract has been signed between the employer and the specialist, all the necessary immigration processes and the immigration to Germany itself are handled.

B) Careloop Qualification

Careloop offers the provision of training services and the associated use of the online-based learning management system on the website www.careloopacademy.de for international nursing staff and customers.

C) Careloop Integration

This program is designed to ensure the successful integration and long-term retention of international nursing staff in everyday working and living life in Germany. The program is implemented via integration courses and feedback loops with customers and nursing staff, as well as solutions based on these.

2. Company principles

Careloop recruits in accordance with the requirements of the “Fair Recruitment Care Germany” seal of approval. This is accompanied by the following principles, which Careloop undertakes to comply with:

  • Written form for verifiability
  • Free of charge placement process for care professionals
  • Limitation of the economic risk for care professionals
  • Transparency regarding structures, services and costs
  • Sustainability and participation
  • Overall responsibility

Careloop (hereinafter also referred to as Recruiter) is committed to compliance with international human rights standards and ethically correct treatment of care staff and business partners. Our aim is to offer all those involved in Germany a socially sustainable perspective.

By concluding a contract, we, our nursing staff and business partners undertake to comply with the following standards:

  • Compliance with the World Health Organization’s (WHO) Code of Conduct for the International Recruitment of Health Professionals and the ban on recruitment from countries that, according to the WHO, have a shortage of health professionals
  • Compliance with the ” Employer Pays” principle. This means that the recruitment and immigration of international nursing staff is financed exclusively by the employer in Germany. They bear all the costs of the recruitment process so that the nurses do not bear any economic risk. The placement and service are free of charge for the nurses. Any direct or indirect fees or costs directly related to the placement (including for business partners) are financed exclusively by the employer in Germany. Payments such as deposits, security deposits or contractual penalties are excluded.
  • Compliance with the United Nations Guiding Principles on Business and Human Rights
  • Compliance with the General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs and the Core Labor Standards of the International Labor Organization (ILO)

Careloop undertakes not to enter into employment contracts that contain commitment and repayment obligations relating to the costs of the placement.

Careloop reserves the right to check compliance with the terms and conditions and principles by business partners at any time and on an ad hoc basis and, if necessary, to demand appropriate evidence. This also includes a right of termination in the event of repeated non-compliance.

Careloop expressly recommends that all customers establish measures and instruments for operational and social integration, for the promotion of German language skills and for support during onboarding.

All company principles can be viewed at https://careloop.io/leitbild/.

3. Conditions of use

A user is any natural person of legal age who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 Civil Code). An entrepreneur is a natural or legal person or a business partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (§ 14 Civil Code).

The use of Careloop’s services requires users to register and create a personal user account on the relevant platform (Careloop Integration is excluded from this).

The use of Careloop’s services requires a computer or mobile device with Internet access. In addition, a current, updated and functional browser is required. This requirement must be checked by the user before concluding the contract. In the event of technical problems, please contact info@careloop.io.

Careloop expressly reserves the right to temporarily restrict or completely block the use of the learning system or the website, in particular for maintenance, care and improvement as well as for other reasons necessary for the operation or the website.

If the provision of services is not possible due to force majeure, the obligation to provide services shall be suspended for as long as the impediment to performance persists. If the impediment to performance lasts for more than four weeks, the users have the right to terminate the contract with immediate effect.

4. Conclusion of contract

The contract language is German.

The conclusion of the contract constitutes acceptance of these GTC. The conclusion of a contract is deemed to be the registration on the platform or the signing of a contract with Careloop.

We reserve the right to refuse to conclude a contract with users without giving reasons.

A) Careloop Recruiting

Only one user account is permitted per user. By clicking on the “Create an account” button on our platform, you submit a legally binding offer to conclude a contract with Careloop (§§ 133, 157 Civil Code). With the welcome message subsequently displayed on the platform and with the declaration of the next step, we accept your offer, so that the activation of services by us is equivalent to an express declaration of acceptance.

In order to use the services offered by Careloop effectively, it is necessary to add profile information. If users do not enter any further profile information after creating an account, we are entitled to contact them to inform them of the further steps required for use.

Careloop works together with business partners abroad for recruitment purposes. Separate contracts define the mutual services and obligations.

B) Careloop Qualification

Only one user account is permitted per user. By clicking on the “Create an account” button on our platform, you submit a legally binding offer to conclude a contract with Careloop (§§ 133, 157 Civil Code). With the welcome message subsequently displayed on the platform and with the declaration of the next step, we accept your offer, so that the activation services by us are equivalent to an express declaration of acceptance.

To create an account, first fill out the electronic form provided by us on the platform completely and correctly and send it to Careloop by clicking on the “Create account” button.

By sending the registration form, a binding offer to conclude a contract is made. This does not have to be accepted by Careloop. The order is only valid upon written confirmation.

After confirming your e-mail address by clicking on a link sent to you by e-mail, your account is activated.

Users can access a closed member area on the website www.careloopacademy.de where the learning content provided can be used. The contract is fulfilled by opening the closed member area with all usable content.

C) Careloop Integration

The contract is concluded by the signing of a contract between the customer and Careloop.

5. Scope of services

We offer our care staff and customers the following services, among others (the exact scope of services is defined in the contracts):

A) Careloop Recruiting

  • Care staff
    • Transfer of rights of use for the platform
    • Conducting an initial interview to determine suitability for the placement process
    • Introduction to employers and matching according to qualifications, personal preferences and cultural fit
    • Personal and written explanations on immigration-related processes, recognition in the care sector and integration in Germany as well as other topics as required (usually in the native language and no legal advice)
    • Organization of the entire immigration process including documents and entry into Germany
  • Customers
    • Transfer of rights of use for the platform
    • Provision of a personal contact person
    • Advice and onboarding on processes and support in creating own profile on the platform
    • Presentation of nursing staff with regard to personal preferences and qualifications (professional qualification and German language level) via profiles on the platform
    • Possibility to send job offers and contracts via the platform
    • Arrangement and organization of online job interviews with selected nursing staff
    • Organization of immigration and recognition processes for recruited nurses and their entry into Germany
    • Supporting recruited candidates with integration-related processes

B) Careloop qualification

Our further training offer includes the materials and services provided via our platform. These are updated on an ongoing basis, i.e. we reserve the right to make adjustments or deviations in terms of content and methodology, provided that the overall character is not significantly changed as a result. The offer remains valid in the event of an adjustment (whether in the form of a change, extension or improvement).

Depending on the contract concluded, the offer includes the following courses:

Depending on the contract agreed, the offer includes the following courses:

  • Preparation course for the knowledge test
  • Integration course for employers
  • Integration course for nursing staff
  • German course (this is not provided via the platform)

The preparatory course for the knowledge test is ZFU- and AZAV-certified. It is possible for employers to apply for an education voucher from the Federal Employment Agency. Users receive individual participant contracts before the start of the course.

For nurses who arrive in Germany with partial recognition (“Defizitbescheid”), there are generally two options for completing their recognition in accordance with the Nursing Professions Act:

  • Participation in a knowledge test that covers the content of the state final examination in nursing
  • Participation in an adaptation course lasting a maximum of three years.

Nurses have the right to choose between these two compensatory measures.

C) Careloop Integration

  • Care staff
    • Personal contact person
    • Mediation between clients and care staff
    • Counseling services on integration in Germany
    • Proactive and long-term support after arrival
    • Conducting integration courses
  • Clients
    • Personal contact person
    • Mediation between clients and care staff
    • Counseling services on the integration of nursing staff in Germany
    • Proactive and long-term support after arrival
    • Conducting integration courses

6. Terms of payment

  • Nursing staff
    The placement and all related services are completely free of charge for nursing staff.
    Services for which nursing staff have made advance payments for the purpose of immigration to Germany will be reimbursed by bank transfer after the first day of work in Germany. For this purpose, a German bank account must be named and clear evidence of the purpose and the amounts paid, e.g. in the form of invoices, must be provided in writing. The amount and scope of reimbursements are regulated in contracts.
    The caregiver can claim actual costs incurred for language acquisition from Careloop
    • from the date of signing the German employment contract up to one year retroactively
    • on presentation of proof of payment.
      Reimbursement is made at the latest when the employment relationship begins in Germany.

  • Customer
    From the time the contract is concluded, the customer is obliged to pay in accordance with the provisions of the respective contract; this may also be the case irrespective of actual use. All necessary information must be provided in order to process the contract. Invoices issued by Careloop are only sent in electronic form. All payments are to be made by bank transfer or direct debit. Cash payment is excluded.

    Further regulations on the terms of payment are defined in the contracts between Careloop and customers.

    For participation in the preparatory course for the knowledge test within the framework of the Accreditation and Approval Ordinance for Employment Promotion (AZAV), the costs are settled directly with Careloop as the training provider in accordance with the specifications of the Federal Employment Agency.

7. Duration and termination

The term of this contract is indefinite and may be terminated by either party by giving two weeks’ notice to the end of a calendar month. Any deviations and notice periods shall be governed by the relevant contracts. The provision of services for individual contracts with an indefinite term can only be guaranteed for as long as Careloop GmbH maintains operations.

The right to terminate for good cause remains unaffected by this. Good cause shall be deemed to exist in particular if the user breaches his obligations to cooperate. Any termination of this contract must be in writing to be effective. If a corresponding function is provided by us on the platform, you can also declare your termination by using this function in the password-protected user area of the platform; however, this does not apply to termination for good cause in accordance with the law.

If users request the deletion of the stored data that must be stored as part of Careloop’s services, this contract and the right to use the services shall end. This is equivalent to termination of the contract.

We will block your account upon termination of the contractual relationship. We will permanently delete your account no later than six months after termination of the contract. This does not apply if we still need the data in question to enforce claims against you or if we are legally obliged to retain the data.

  • Termination by the nursing staff

    In the event of termination by the caregiver prior to entry into Germany, Careloop has the right to recover actual costs incurred in the process by bank transfer to Careloop in accordance with prior contractual agreement. Any costs already incurred may include

    • participation in the language course in the country of origin,
    • the language exam in the country of origin,
    • the fees and costs for accelerated specialist procedures, translations, certifications, visas and the equivalence assessment

    The maximum amount of the individual costs is defined in the contract with the caregiver. Taking into account the financial situation of the caregiver, the maximum repayment amount does not exceed €1,560.

    In case of reimbursement to Careloop, corresponding services such as documents or certificates will be sent to the caregiver via postal mail at their expense.

    Reimbursement of the above costs by the nursing staff to Careloop prior to arrival in Germany is excluded in the following cases:

    • during the first 50 teaching units,
    • if the program has to be discontinued for health reasons
    • in the event of pregnancy
    • in the event of force majeure
    • in the event of the loss of a close family member
    • if Careloop demonstrably violates the criteria from the catalog of requirements for the “Fair Recruitment Care Germany” seal of approval

    The burden of proof lies with the care staff.

  • Termination by Careloop

    Careloop reserves the right to withdraw from contracts with contractual parties for objectively justified reasons. In addition, the individual contracts may contain separate termination provisions.

    All work previously performed by Careloop, such as notarization and translation of documents and submission of recognitions, remains the property of Careloop. If original documents have been provided, Careloop is obliged to return them at its own expense.

    Possible, but not exclusive, reasons for withdrawal from a contract with a caregiver are: unethical behavior, misconduct towards the employer, colleagues, patients or the general public; failure to show up for work, failure to perform tasks or follow instructions from colleagues or superiors, endangering colleagues or patients, inability to provide all required documentation, or failure to provide all required documentation. Termination of the employment contract with a German employer may also lead to the termination of this contract.

8. Obligations of use

All contracting parties are subject to the obligation to cooperate and provide information if this is necessary for the fulfillment of the subject matter of the contract. In order to use Careloop’s services, all users expressly agree to comply with the following obligations:

  • Truthful and complete provision of personal data for profile creation and independent updating of personal data
  • Fast transmission of requested information that is necessary for the fulfillment of the Services
  • Keeping personal account data secret and protected by choosing a secure password and regularly updating the password
  • Compliance with applicable legislation when using the Services
  • Use of login-protected areas and content for private use only

In order to use Careloop’s services, all users expressly agree to refrain from the following actions:

  • Use of the account by third parties
  • Use of the platform software and services for commercial or other commercial purposes (§ 14 BGB)
  • Creation of accounts on the platform for other users without the express permission of the third party
  • Smuggling viruses, Trojans, worms or other malicious code onto the platform or attempting to do so
  • Use of tools for automated data collection or extraction (e.g. scrapers) or attempts to do so
  • Attempts to hack or manipulate the platform’s software
  • Bypassing or attempting to bypass the security functions of the platform or Careloop

We reserve the right to temporarily suspend the account in case of justified suspicion of a violation of these obligations to cooperate, in order to conduct further investigations. We will promptly restore and reactivate the account once the investigations are completed and the suspicion is found to be unfounded. This process is at our sole discretion

9. Warranty and guarantees

A) Careloop Recruiting

Unless expressly agreed otherwise below, the statutory warranty law applies. As an intermediary, we are not liable for inadequate work or difficulties with the care staff. Our customers make their own choice of personnel and only receive advice from Careloop.

B) Careloop Academy

No guarantee can be given for the successful completion of courses offered at the Careloop Academy.

C) Careloop Care

No guarantee can be given for the successful integration and long-term retention of candidates.

10. Revocation

Careloop reserves the right to amend the Terms of Use at any time, provided this is reasonable for the users and they are not unreasonably disadvantaged as a result. Users will be informed of the change by e-mail before the amended provisions come into force. Together with the e-mail, users will also receive the text of the new terms of use. Users are entitled to object to the validity of the new terms of use within one month of receipt of this e-mail. Users will be informed in the email of their right to object, the deadline for doing so and the legal consequences of not exercising their right to object. If the user does not exercise the right of revocation, the new terms of use shall become part of the contract after expiry of the four-week period. If the user exercises the right of revocation, Careloop is entitled to close the user’s access to the closed member area with all usable content contained therein within a reasonable period of time and after informing the user in advance.

  • Consumers (e.g., care personnel)

Users are considered consumers if the services under the contract cannot predominantly be attributed to their commercial or independent professional activity. However, as a consumer, you have the following right of revocation: You have the right to revoke this contract within fourteen days without giving any reasons. The revocation period is fourteen days from the day the contract is concluded. To exercise your right of revocation, you must inform Careloop by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to revoke this contract (Careloop GmbH, Invalidenstraße 161, 10115 Berlin, Germany, Phone: +49 (0)30 28629207, Email address: info@careloop.io). To meet the revocation deadline, it is sufficient for you to send the notification of exercising the right of revocation before the revocation period expires.

If you revoke this contract, we will promptly and no later than fourteen days from the day we receive notification of your revocation of this contract, refund to you all payments we have received from you. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this refund.

If you have requested that the service should begin during the revocation period, you shall pay us an appropriate amount corresponding to the proportion of services already provided up to the time you inform us of the exercise of the right of revocation with regard to the contract, compared to the total scope of the service provided for in the contract.

For nursing staff enrolled in the Careloop Academy via an educational voucher, the corresponding conditions of the employment agency apply.

  • Business customers/entrepreneurs

    Users are business customers or entrepreneurs who are acting in the exercise of their commercial or independent professional activity when concluding the contract. As a business customer, there is no legal right of withdrawal. However, as a gesture of goodwill, we grant you the option to withdraw within three days of concluding the contract if the course has not already started at this point. For this purpose, a clear, timely oral or written declaration to us (Careloop GmbH, Invalidenstraße 161, 10115 Berlin, Germany, telephone: +49 (0)30 28629207, e-mail address: info@careloop.io). If you withdraw from this contract, we shall reimburse to you all payments received from you 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

11. Liability

We shall only be liable for claims based on damage caused by legal representatives or agents in the following cases:

  • in the event of injury to life, limb or health in the event of intentional or grossly negligent breach of duty in the event of warranty promises, if agreed, or insofar as the scope of application of the Product Liability Act is opened up.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

Our liability is explicitly limited to intent and gross negligence, insofar as any breach of duty does not relate to main contractual obligations or claims of the customer arising from physical injury or damage to health.

Further warranty claims against us are expressly excluded.

  • Mandatory acknowledgement

Every registration with the service is subject to these Terms of Service without exception. We reserve the right to make changes to these Terms and Conditions of Service at any time in the future, including any additions, should this be necessary from our point of view (in particular in the event of changes in jurisdiction etc. in the service or changes in the applicable law). The caregiver will be informed of any changes to the Terms of Service in an appropriate form. Careloop will notify the caregiver of the service by email. Changes to the terms and conditions of service will be made known to the caregiver upon the first registration after the respective changes or additions. The caregiver may object to changes to the agreement within a period of six (6) weeks after receipt of the corresponding notification of the changes and the opportunity to take note of them. It is recommended that the caregiver submits their objection in text form (e.g. by e-mail). The changes to the terms of service will become binding unless the candidate objects to the changes within the above-mentioned period or continues to use the service after the above-mentioned period has expired.

As part of the notification of changes to the terms of service, Careloop shall inform the caregiver of the possibility of objecting to the changes and the associated legal consequences, in particular the legal consequences of failing to object. If the caregiver objects to the changes in good time, either party may terminate the agreement with one (1) month’s notice, unless termination is legally possible without notice. These regulations also apply to companies.

Under no circumstances shall Careloop be liable to the candidate or any third party for any damage or loss (including loss of profits or indirect or consequential economic loss) caused by any act, conduct, error or omission of the candidate during his/her employment with the employer. In the event of successful recruitment with subsequent termination of the employment contract, the recruiter accepts no liability.

Careloop is not liable for damages caused by the use of the platform. Excluded are cases of fraudulent intent and gross negligence.

 

12. Copyright

The Careloop brand and all content and materials of the course offer (including audiovisual content, texts and software) are – unless otherwise noted – protected by copyright and may only be used outside the scope of use specified in the user agreement and these terms of use with the written permission of Careloop. The user may only retrieve, save and use the content for his own use for learning or training purposes. It is prohibited to post, share, license or otherwise reproduce, distribute or edit content or materials without prior express consent. The user is obliged to observe the existing copyrights and undertakes not to infringe them. In the event that we become aware of a copyright infringement, we reserve the right to take legal action. All content and materials remain the exclusive property of Careloop or its providers.
Careloop or the respective licensor is the exclusive owner of rights to the respective content of the service. The content is adequately protected by national and international law, particularly by copyright. Unauthorized distribution, reproduction, deletion, or other infringement of industrial property rights and copyrights may be pursued by us civilly and criminally. Any rights not expressly granted in these terms of service are reserved by us accordingly. Furthermore, we reserve the right to review all rights, titles, and interests associated with the service (except for licensed content and content of third parties contained therein), including all data, information, and related software. By using the service, it is acknowledged that the software, information, content, and data associated with the service are protected by copyright for our company and may contain trade secrets or other intellectual or industrial property rights owned by us or licensed to us. The user warrants that they have the right to transmit the information to the service and can grant us the right to use the information as described above. The user hereby agrees to indemnify and hold us harmless with respect to any legal claims. These provisions also apply equally to companies.

13. Data protection

Nursing staff and business partners agree to the data protection provisions of Careloop GmbH upon conclusion of the contract, which can be accessed at any time on our website at https://careloop.io/datenschutz/ and at https://careloop.academy/legal/datenschutz.html.
Personal data will only be used for the contractual processing and use of the agreed purposes. In particular, the data will be protected against unauthorized access and will only be passed on to third parties with the consent of the other party. In all other respects, the provisions of data protection law shall apply.
All business partners and nursing staff undertake to maintain confidentiality about the content of this agreement vis-à-vis third parties. In the event of non-compliance, the recruiter reserves the right to claim damages.

14. Dispute resolution

If a customer is a merchant within the meaning of the German Commercial Code, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Berlin, Federal Republic of Germany. However, Careloop is also entitled to sue the customer in any other court that has jurisdiction under the German Code of Civil Procedure (ZPO), the European Jurisdiction and Enforcement Regulation (EuGVVO) or other legal provisions and international conventions.
For all legal relationships between Careloop and the customer arising from this contract, only the law applicable to the legal relationships of domestic parties at the registered office of Careloop (German law) applies to the exclusion of foreign law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The European Commission provides a platform for online dispute resolution (OS), which you can find under the link http://ec.europa.eu/consumers/odr/. We are not prepared to participate in out-of-court arbitration proceedings before a consumer arbitration board.