OWH
Careloop from Pflegista UG (haftungsbeschränkt)
Ogólne Warunki Handlowe
General terms and conditions according to §§ 305 ff. BGB for Careloop GmbH (limited liability).
The following conditions apply in principle to our job platform for nurses (hereinafter also referred to as „candidates”), which turns the traditional application process upside down by enabling German employers (hereinafter also referred to as „companies”) to apply to the vetted candidates – Careloop. The placement can be done via the online platform or via a profile by email. The candidates are then presented to potential employers by means of a profile. The relevant data in the profile is identical to the data on the online platform.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed, § 13 BGB. Entrepreneur is a natural or legal person or a partnership with legal capacity, which, when concluding a legal transaction, acts in exercise of its commercial or independent professional activity, § 14 BGB.
The contract is concluded with our express consent. We are a recruitment agency. We place qualified nursing staff.
By clicking on the button „Create an account and Login” or „Create an account” or „Login” on our website, you submit a legally binding offer to conclude a placement contract with us, §§ 133, 157 BGB. By clicking this button, you as a user accept these terms and conditions and include them in your offer accordingly. We accept your offer with the welcome message and explanation of the next step on the platform, so that the activation services by us are equivalent to an explicit declaration of acceptance.
In order to be able to use the services offered by Pflegista UG purposefully, you can at any time supplement your profile information on the platform in the electronic forms provided in your account with further personal details. If, after the creation of an account, no further input is made by the user, we are entitled to contact the user to inform him/her about the further steps required for use.
We reserve the right to refuse to conclude a contract with the user without giving reasons. Our clients are primarily hospitals and elderly care institutions in Germany, which pay for the service (companies). Our service is completely free of charge for the respective nurses (candidates).
At Careloop, the principles of fairness and ethics are paramount in the recruitment and placement of international nurses. Our aim is to offer both nurses and care institutions in Germany a socially sustainable perspective.
All of the company’s actions are aligned with the World Health Organisation’s Code of Conduct for the International Recruitment of Health Professionals. In addition, Careloop is committed to the „Employer Pays” principle. This means that the recruitment and immigration of international nurses is financed exclusively by the employer in Germany. In addition, the placement and service for the care workers are free of charge.
Furthermore, all international human rights conventions supported by the Federal Republic of Germany, the ILO core labour standards and the IRIS standards of the International Organisation of Migration apply. All business partners and employers undertake to comply with the listed principles on fairness, the employer pays principle and the standards.
In the employment contracts of the jobs arranged / offered by Careloop GmbH as well as in the entire context of the arranged / offered employment relationship, there are in no case provisions for commitment and repayment clauses for international care workers that conflict with the legal framework for commitment and repayment clauses specified in labour law. This also applies to possible side agreements and / or arrangements that contradict the employer pays principle.
3.1 We offer the following services to nurses among others:
- Profiling for nurses for their own marketing and so-called matching with employers
- Screening/verification of nursing staff (documents check and video call)
- Possibility to receive and compare possible job offers
- Advice on choosing the right employer
- Arranging an interview via video call and preparing the nurse for the call
- Recommendations for bank accounts/insurances in Germany
- Placement of language courses or language software/apps
- Checking the completeness of the documents for a visa/work permit/recognition of qualification
- Recognition of professional qualifications and bureaucratic registration in Germany
- Submission of the documents for the application for the professional qualification and follow-up of the application in Germany
- Recommendations and booking of the relocation to Germany
- Booking an appointment with the competent authority for registration in Germany
- Search and organisation of accommodation in Germany
3.2 The following applies to companies among others:
- Profiling for companies for their own marketing and matching with employees
- If necessary, placement with a film team for an image film or photo shooting
- Screening/verification of the companies (Check and Call documents)
- Access to nurse profiles via platform or by email through matching function based on various criteria
- Possibility to send job offers via platform or by email
- Arrangement of an interview via video call and, if required, preparation for the Video Call
- If needed, support with drafting the employment contract
- Hedging the company: If the nurse terminates the contract after <6 months, at least one replacement candidate is proposed.
The language available for the conclusion of the contract is generally German. Other languages are reserved and are possible at any time.
We do not save the text of the contract and only send you the order data and our general terms and conditions in text form if you make a corresponding request.
We will issue 3 invoices each: The 1st invoice to the respective company upon recruiting start, the 2nd invoice on the 1st working day of the probationary period, and the 3rd invoice usually on the last day of the probationary period after 6 months.
We reserve the right to adjust the payment dates accordingly.
The service is completely free of charge for the nurses.
We also reserve the right to expand the services with additional free or chargeable functions under certain circumstances.
The right of revocation is regulated in more detail under point IV. below. The right of revocation for companies is expressly excluded.
The duration of this contract is unlimited. Any deviations and notice periods are governed by the relevant contracts.
The right to terminate for good cause remains unaffected. A good cause shall be deemed to exist in particular if the user violates his obligations to cooperate. Any termination of this contract must be made in writing to be effective. If a corresponding function is provided by us on the platform, you may also give notice of termination by using this function in the password-protected user area of the platform; however, this shall not apply to termination for good cause under the law.
This agreement and thus your right to use our services shall end automatically if you request us to delete all your data stored on the platform. In these cases, no express declaration of termination by us is required.
With the termination of the contractual relationship we will block your account. We will finally delete your account at the latest six (6) months after termination of the contract. This does not apply if we still need the data concerned to enforce claims against you or if we are legally obliged to store the data.
The contracts concluded between caregivers and Careloop GmbH do not contain any binding or repayment clauses that conflict with the current state of German law/legislation or the employer pays principle. Details are regulated in the contracts.
9. Warranties and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply in principle.
As an agent, we are not liable for insufficient work or difficulties with the nurse.
10. Liabilities, rights and limitations
10.1 Liability
We shall only be liable for claims based on damages caused by legal representatives or vicarious agents in the following cases:
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty
- in the case of guarantee promises, if agreed, or
- as far as the scope of application of the product liability law is opened.
In the event of a breach of material contractual obligations, the fulfilment 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, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the 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, unless a possible breach of duty does not concern main contractual obligations or claims of the customer arising from physical injury or damage to health.
Further warranty claims against us are expressly excluded.
10.2 Restrictions of use
We provide the Service solely for use in accordance with our Terms of Service. An automatic login is not permitted. Only our official „clients” and apps or websites may be used to connect to the Service. You may not create, support, host, link or provide any other means by which others may use the Service. Nurses are prohibited from sharing their account with third parties without our written consent. It is prohibited to use any aids, devices or software in connection with the Service that could interfere with the functions of the Service. The caregiver may not take any measures that could lead to inappropriate or excessive use of technical capacities. In particular, it is not permitted to block, overwrite or modify the content generated by us, unless we have expressly permitted this in writing. Within the scope of the use of our service, no legal provisions may be violated. As a participant you assure not to contribute or transmit any illegal or immoral content in connection with the service. This includes in particular all content (including member names etc.) that is false, inaccurate or misleading; that is insulting, racist, homophobic, sexist, pornographic or obscene; that may damage the reputation of our company; and that is likely to infringe copyrights, patents, trademarks or other intellectual property rights, the rights to one’s own image and other personal rights or the rights of third parties. Commercial advertising is prohibited. Pflegista UG is entitled to stop relevant infringements. Furthermore, we are entitled to delete corresponding infringing contents of the nurse. The same applies if there is concrete evidence of a violation of these conditions by content that is illegal in any other way. There is no claim to the restoration of deleted contents. Such a claim also expires if the restoration is not possible for technical reasons. Without prior explicit written consent from us, any blocked part is prohibited to create a new account. If this prohibition is circumvented, we reserve the right to permanently block the corresponding account without prior notice. Such provisions expressly do not restrict our right of termination – in particular the right to terminate without notice. Companies are equally covered by these regulations.
10.3 Property rights
We or the respective licensor is the exclusive owner of rights to the respective content of the Service. The content is sufficiently protected by national and international law and in particular by copyright law. Unauthorized distribution, reproduction, deletion or other infringement of industrial property rights and copyrights as may be prosecuted by us under civil and criminal law. Any rights not expressly granted in these terms of service are reserved by us accordingly. We further reserve the right to verify all rights, title and interest in and relating to the Service (other than Licensed Content and Third Party Content contained therein), including all data, information and related software. Use acknowledges that the software, information, content and data related to the Service are proprietary to our company and may contain trade secrets or other intellectual or industrial property rights owned by or licensed to us. Nurse warrants that she has the right to submit the information to the Service and may grant us the right to use the information as described above. The Nurse hereby agrees to indemnify and hold us harmless from and against any and all legal claims. Companies are equally covered by these regulations.
10.4 Mandatory acknowledgement
Each registration to the Service is subject without exception to these Terms of Service. We reserve the right to make changes to these Terms of Service at any time in the future, with possible additions, if we believe this should be necessary (in particular in the event of changes in jurisdiction etc. in the Service or changes in the law applicable to it). The nursing staff will be informed of any changes to the service conditions in an appropriate form. Pflegista UG will inform the caregiver via the service or by e-mail. Changes to the service conditions will be indicated to the caregiver at the first registration after the respective changes or additions. The caregiver can 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 nurse submits her objection in text form (for example, by e-mail). The changes to the terms of service will become binding unless the talent objects to the changes within the above-mentioned period or continues to use the service after the above-mentioned period has expired. Pflegista UG will inform the nurse about the possibility of an objection to the changes and the legal consequences, in particular the legal consequences of a failure to object, as part of the notification of changes to the service conditions. If the nurse objects to the changes in due time, either party may terminate the agreement with a notice period of one (1) month, unless the termination is legally possible without notice. Companies are equally covered by these regulations.
10.5 Hiring
The company undertakes to inform Pflegista UG in writing or in text form as soon as possible if the company has employed or otherwise commissioned the presented candidate. Pflegista UG is entitled to contact companies to request status updates regarding ongoing negotiations. Recruitment means any kind of employment, temporary employment, assignment or other use of the candidate by the company or any other person as defined in § 15 ff. AktG (German Stock Corporation Act). If the candidate is hired during the period of a presentation, Pflegista UG will receive a commission which will be specified in more detail.
We negotiate a fixed amount with each company, which is then specified in a separate contract. The company expressly agrees to refrain from making contact with a nurse who is about to be placed, either directly or through third parties, in particular recruitment agencies, with regard to the recruitment of a presented nurse. The concretely defined period of a presentation applies. A liability for damages is not excluded thereby. If the company can prove that it has entered into a business relationship with recruiters or the talent with regard to the respective nurse before the placement of the nurse with the help of the service, this will not be enforced.
11. Registration
Only one registration per user is permitted.
In order to create an account, you must first fill out the electronic form provided by us on the platform completely and correctly and send it to us (online) by clicking on a corresponding button. Alternatively, you can register by email using the profiles (see above). In addition to your job preferences, you will need to specify a salutation including your full name, a valid e-mail address and a current telephone number.
After confirming your e-mail address by clicking on a link sent to you by e-mail, your account is activated. Prior to the login process, we carry out a so-called extended screening process, which consists of a telephone call and the examination of the documents by our employees. Only after this will your account be activated.
12. Duties of cooperation of the user
For the proper execution of this contract, it is necessary that the user informs us immediately and unsolicited of any relevant changes, e.g. to his name or his contact data including address. The user is obligated to provide truthful and complete data collected in connection with the registration. In the event of a change in the data collected after registration, the user must update the information in his account without delay or – if this is not possible – inform us of the changes without delay and without being asked.
Orders and instructions of the user towards us must show the content of the transaction without any doubt. In the case of orders and instructions issued electronically, by telephone or by other means, the user must ensure that no transmission errors, misunderstandings, misuse or mistakes occur. If information or confirmations from us differ from orders or instructions of the user, the user must object to this immediately.
You expressly warrant that
- will not use the software of the platform and our services for profit or other commercial purposes § 14 BGB,
- will not enter a user account on the platform without the express permission of the third party,
- will not smuggle any viruses, trojans, worms or other malicious code onto the platform or attempt to do so,
- will not attempt to hack or manipulate the software of the platform,
- not circumvent any security functions of the platform or of us, or to bypass will be attempted,
- when using the platform or our services, the laws applicable to you and will follow the regulations,
It is forbidden to rent out your account or otherwise use it commercially, if this is not expressly permitted, to sublicense it or make it available to third parties in a manner not expressly permitted or to pass on the access data to third parties.
You are obliged to keep your account data and your password secret and to keep them protected from access by unauthorized third parties. You undertake to take the necessary measures to ensure confidentiality, for example by using a secure password consisting of numbers, letters and special characters and to change your password regularly. If you have lost your password or if you discover or suspect that your access data is being used by a third party, you must notify us immediately and – if possible – change your password immediately. We are entitled to temporarily block your account in case of reasonable suspicion of a violation of your obligations to cooperate in order to be able to conduct further investigations. We will immediately restore and activate your account as soon as the investigations are completed and the suspicion has proven to be unfounded. This process is at our discretion.
13. Dispute settlement
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE We are not prepared to participate in an out-of-court conciliation procedure before a consumer dispute resolution service.
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