General Terms and Conditions – Good Souls Care Placement GmbH
Preliminary remark
Good Souls Care Placement GmbH (hereinafter referred to as Good Souls) maintains a database listing potential and suitable caregivers and nursing assistants, as well as individuals seeking care.
The database is based on a digital platform used for the collection, storage, processing, and placement of personal data related to care and support services.
The users of Good Souls’ digital platform can be categorized into three types:
- Caregivers – these are natural persons who seek access to jobs in the care sector through good souls.
- Caregiver seekers – these are natural or legal persons who are looking for caregivers via good souls
- Cooperation partners – these are legal entities that collaborate with good souls or express their interest in collaborating.
Good Souls acts solely as an intermediary for contacts and is neither an employer nor a contractual partner in any employment, service or other contractual relationship mediated between the parties.
1. Duties of good souls
Good Souls maintains a digital platform,
- on which applicants for the provision of care services are listed (according to preliminary remarks point a)
- on which caregivers seeking a caregiver are listed (according to preliminary remarks point b)
- and which potential employers (specialized institutions, companies, or individuals) or trainers for these professions are made available (according to preliminary remarks points b and c)
The platform serves the structured collection, processing, and provision of data, as well as the implementation of a matching process between caregivers and those seeking care.
Good Souls is committed to connecting suitable candidates for care services with appropriate care seekers and cooperation partners via its own digital platform.
The selection and presentation of profiles is based on various criteria, in particular qualifications, experience, availability, language skills, and personal and social preferences. There is no entitlement to a specific placement, selection, or ranking.
Good Souls acts solely as an intermediary for contacts and is not a party to any contracts concluded between users. Likewise, Good Souls is not an employer and is not responsible for the successful conclusion of an employment, service, or training relationship.
Good Souls is obligated to grant users access to the data and information they have provided and to process requests to modify or delete this data within a reasonable timeframe. Furthermore, good souls is obliged, within the framework of its data protection agreement, to ensure data security and the timely deletion of terminated business relationships.
2. User Obligations
- Caregivers, as per preliminary remark point a), are required to provide good souls with specific, complete, and truthful information about all employment-relevant circumstances (in particular personal data, CV, education, professional experience, and other information relevant to placement) within the scope and extent of the digital application process, including any supporting documents such as certificates or references. Furthermore, they are obligated to inform good souls immediately if temporary or permanent placement is not possible.
- Those seeking care, as per preliminary remarks point b), must truthfully provide good souls with all relevant data within the scope and extent of the digital application process that appears necessary for finding a suitable caregiver. Should the need for care no longer exist, good souls must be notified immediately so that the search request can be deleted.
- Cooperation partners as defined in preliminary remarks point c) are responsible for ensuring the legality and professional qualifications of their tasks on an ongoing basis and for acting independently in the best interests of caregivers and those seeking care. In particular, the confidentiality and data protection of provided information must be guaranteed. Good Souls must be informed immediately of any violations of data protection laws. The cooperation partner provides its services independently and at its own expense, is solely liable for the proper performance of its services, and indemnifies Good Souls against all third-party claims arising from a breach of duty by the cooperation partner.
Users are obligated to promptly notify the platform of any changes to their information and to ensure that all data and information accessible to them remains up-to-date.
If users collect data on behalf of third parties, they expressly declare that they are authorized to provide all data and that no third-party rights are infringed. If third-party data is provided (e.g., within the context of a care arrangement), the user must ensure beforehand that the necessary consent or legal authorization exists.
Users expressly consent to the collection, storage, processing, and—to the extent necessary for fulfilling the contractual purpose—exchange of their data between potential employers, clients, employees, or service providers. Data exchange always occurs initially in anonymized form and only in the case of a specific interest is the full data disclosed.
Furthermore, users agree to use the data provided through the platform exclusively for the agreed-upon purpose and to comply with all applicable data protection regulations.
3. Remuneration
The services provided by good souls are free of charge for caregivers as per preconditions point a).
Good souls reserves the right to enter into separate fee agreements with individuals seeking caregivers as per preconditions point b) or with companies as per preconditions point c).
Any costs incurred by users (e.g., printing, copying, travel, or translation expenses) will not be reimbursed.
4. Liability
Users are liable to good souls for the accuracy and completeness of the information they provide, as well as for damages resulting from inaccurate or incomplete information.
Good souls is not liable for the establishment, continuation, or performance of any employment, service, or training relationship resulting from its mediation.
Furthermore, good souls is not liable for:
- the quality or suitability of the services provided
- the parties’ compliance with legal regulations
- the conduct of the parties mediated
To the extent permitted by law, good souls’ liability is limited to intent and gross negligence.
5. Start / Duration
This agreement becomes effective upon confirmation of the Terms of Use and is concluded for an indefinite period. Termination must be in text form.
The placement service provided by good souls for caregivers, as described in preliminary note a), is not tied to a single placement and can be used repeatedly. The collaboration ends when either party submits a written notice of termination.
The placement service provided by good souls for those seeking caregivers, as described in preliminary note b), ends automatically upon the successful placement of a caregiver. If the need for care ceases before a placement can be made, the order must be canceled with immediate effect in accordance with § 2 b).
The placement service provided by good souls for cooperation partners, as described in preliminary note c), ends upon completion of the business process or as otherwise agreed in a cooperation agreement.
The right to terminate without notice for good cause remains unaffected; such cause exists in particular in the following cases:
- false or misleading information provided by the user
- violations of these Terms of Use
- misuse of the platform
6. Other
Good Souls assures that it complies with all applicable legal regulations, particularly those relating to data protection.
Users expressly agree to the processing and transfer of their data to third parties, insofar as this is necessary to fulfill the purpose of the contract.
Users are obligated to use the data provided to them exclusively for the agreed purpose and to comply with all applicable data protection obligations.
Users further agree not to use contacts obtained through the platform to circumvent Good Souls or to establish direct contractual relationships without its involvement.
No oral side agreements have been made. Amendments or additions to this agreement must be in writing to be effective; this also applies to any waiver of this written form requirement.
Disputes arising from this agreement are subject exclusively to the laws of the Federal Republic of Germany.
Should any of the above provisions be or become invalid, void, or unenforceable, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by one that most closely approximates the economic purpose of the ineffective provision; alternatively, the statutory provisions shall apply.