Terms and Conditions (GTC)
As of: August 10, 2023
Permitted Use
Our services are provided to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws. Any commercial use is prohibited.
Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including violating the rights of third parties) or for any purpose to collect personal information or impersonate other users; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with security-related features of our Services; (iii) use our Services in any way to manipulate or distort any content or undermine the integrity or accuracy of any Content, or take any action to interfere with, damage or disrupt any portion of our Services; (iv) use our Services to send, receive, upload/post, download any material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke logging, spyware, adware or other harmful programs or similar computer code that may interfere with the operation of any computer software or hardware (vii) use any robot, spider, other automatic device or manual process to monitor or copy our website or other web pages or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or Extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services, or (ix) use our Services for commercial purposes or in connection with any commercial activity being conducted without our prior written consent. You agree to cooperate fully with us in the investigation of any activity that is alleged or actual to violate these Terms.
Intellectual Property Rights
(1) Our services and related content (and any derivative works or improvements thereof), including without limitation any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials , products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features and all intellectual property rights therein are either owned or licensed by us (collectively, "our intellectual property rights") and none of the phrases in these Terms gives you rights in relation to our intellectual property rights. Except as expressly set forth herein or as required by mandatory law governing use of the Services, you do not acquire any right, title or interest in or to our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the offered services you have booked require or include the use of digital content, such as music or videos, you are granted the rights as set out in relation to such bookings on the Site.
Changes to the Terms and Services; Attitude
We reserve the right to change these Terms from time to time in our sole discretion to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. You should therefore read these Terms regularly and in any case during the booking process when you complete a booking. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services you use are affected by the changes to the Terms, we will take due account of your legitimate interests. We will notify you of any such changes in advance. You must actively agree to the change within two months of receiving our notification. If you object to the changes or do not agree to the changes within the specified period, we have a special right of termination - without any further obligations to you - which will take effect on the date the changes come into force. We will inform you of this in our communication.
We may modify the Services, stop providing the Services or one or more features of the Services offered, or limit the Services. We may terminate or suspend access to the Services themselves, permanently or temporarily, for any reason and without further obligation. We will, where possible under the circumstances, inform you in good time in advance and take appropriate account of your legitimate interests when taking such action.
Links to third party websites
The Services may contain links that allow you to leave the Site. Unless otherwise stated, the Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, any link contained in a Linked Site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have included links to other websites does not mean that we endorse their owners or their content.
Terms of Use
Regulated in the general terms and conditions, or general terms and conditions for short, for candidates on the website www.hilaris-care.de and on the job portal jobs.hilaris-care.de
1) Hilaris Care GmbH (hereinafter "Hilaris Care") has at the web address www.hilaris-care.de a web presence on which employers from the care industry can post job offers online under the administration of Hilaris Care on the job portal with the subdomain jobs.hilaris-care.de. Hilaris Care offers employees from this industry (hereinafter also “candidates”) the opportunity to search for suitable job offers via jobs.hilaris-care.de, to provide their own information and application documents or to receive support from Hilaris Care. This requires registration at jobs.hilaris-care.de. With the consent of the candidates, Hilaris Care can send contact details with the application documents to employers or send job offers directly to the candidate. If necessary, the arranging and planning of interviews can also be done via Hilaris Care.
2) Job seekers (candidates) have the opportunity to access a registration form and a job portal via a link, which is operated under the subdomain jobs.hilaris-care.de. The data collected is stored in the customer file of our recruiting software. The subdomain and the recruiting software were developed by Meffert Software GmbH & Co. KG, and the company Meffert Software GmbH & Co. KG is responsible for technical problems, accessibility, data security and the error-free transmission of data.
3) The use of the job portal jobs.hilaris-care.de is only permitted if the candidate is a natural person, of legal age (at least 18) and has full legal capacity. If the requirements are not met, use of the job portal jobs.hilaris-care.de is excluded. Each candidate is only authorized to register once.
4) The use of the linked job portal jobs.hilaris-care.de and all other services offered by Hilaris Care is completely free of charge for candidates. By clicking on the “I am looking for work” or “For employment” button, a free contract is concluded between Hilaris Care and the candidate, to which these general terms and conditions apply. Clicking the “I am looking for work” or “For employment” button represents acceptance of the offer to conclude a contract to use the job portal jobs.hilaris-care.de. By sending the contract offer, the candidate accepts these General Terms and Conditions. The candidate is not permitted to pass on or transfer his rights and obligations under this contract to third parties.
5) German law applies exclusively to the business relationship between Hilaris Care and the candidate, excluding the UN Convention on Contracts for the International Sale of Goods. The contract language is German.
6) The personal information that the candidate provides will only be passed on to employers by Hilaris Care if the candidate explicitly and in a specific case agrees to the transfer. Hilaris Care guarantees the candidate's anonymity until they explicitly authorize the transfer of their data to a specific employer and for a specific position. However, Hilaris Care may use the candidate's anonymized profile to identify suitable job offers.
7) Hilaris Care's liability is limited to intent and gross negligence, except in cases whose fulfillment makes the proper execution of the contract possible and on whose compliance the contractual partner can regularly rely. In such cases, liability is limited to foreseeable and typical damage. Hilaris Care's liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected.
8) Hilaris Care assumes no warranty or liability for the information and documents provided by employers. The job offers presented on jobs.hilaris-care.de are the sole responsibility of the employers.
9) Hilaris Care assumes no guarantee or liability for the data and documents provided by the candidate, including their accuracy. Hilaris Care also assumes no guarantee or liability for the candidate's professional qualifications or skills.
10) Hilaris Care does not guarantee the conclusion of an employment contract or the effectiveness of such a contract. The bonus payments to candidates after six months of continuous employment are contractually regulated.
11) The candidate is obliged to provide his or her personal information and qualifications completely and truthfully on the job portal jobs.hilaris-care.de and to report any changes immediately.
12) Registration on the job portal jobs.hilaris-care.de may not be rented out, used commercially or made available to third parties, and the access data may not be passed on to third parties. Hilaris Care may temporarily block the registration of a candidate if a breach of contractual obligations is suspected. The ban will be lifted if the suspicion is unfounded.
13) The contract between Hilaris Care GmbH and the candidate for the use of the job portal jobs.hilaris-care.de is valid without a fixed term and can be terminated in various ways. Termination occurs when the candidate concludes an employment contract or their data is deleted. Both Hilaris Care GmbH and the candidate have the right to terminate the contract by giving written notice, with a notice period of two weeks to the end of a calendar month. Termination can be made in writing by letter, fax or email. The right to extraordinary termination for good cause remains unaffected.
14) The prerequisite for the contract is that the candidate provides the data protection information at https://hilaris-care.de/datenschutzklarung and takes note of the relevant provisions of the job portal. In addition, it is necessary that the candidate agrees to the collection, processing, use and storage of his data as described there.
15) The ineffectiveness of one or more of these general terms and conditions does not affect the validity of the remaining regulations and the contract as a whole. For invalid or omitted provisions, a regulation comes into force that comes closest to the original purpose of the invalid provision within the scope of what is legally permissible.
Additional information about the use of the website www.hilaris-care.de and the job portal jobs.hilaris-care.de for the employer
Customers (employers) who use the registration form via a link on hilaris-care.de reach our specially created registration form. The collected data will be sent by email to Stellenportal@hilaris-care.de. Creating an advertisement in the job portal jobs.hilaris-care.de is free of charge, but by clicking on the "I'm looking for staff" or "Find a job" button, a contract is concluded between Hilaris Care and the customer, for which these General Terms and Conditions apply apply. By clicking you accept the general terms and conditions. Only if a candidate is successfully placed will a placement commission be charged, which will be regulated in advance in a framework agreement.
Technical conditions, regulations and information
1) Each user, such as candidate, customer and visitor, bears the connection costs charged by their internet provider or mobile phone provider to connect to the website www.hilaris-care.de and the job portal job.hilaris-care.de.
2) Using the job portal jobs.hilaris-care.de requires a technical device such as a computer or a mobile device such as a tablet or smartphone, access to the Internet with sufficient reception or network quality and browser software (with the current version - recommended). The display of the website and the job portal may vary depending on the provider of the browser software. Likewise, the data display device (end devices), e.g. monitor, can lead to a deviation in the display due to the resolution and aspect ratio.
3) Hilaris Care can limit or expand the free services on the job portal jobs.hilaris-care.de.
4) Hilaris Care does not guarantee continuous accessibility of the website.www.hilaris-care.de and the job portal jobs.hilaris-care.de and can restrict access for various reasons (e.g. maintenance work).
5) Hilaris Care will update the job portal jobs.hilaris-care.de regularly, without any right to retain the software in its current state. The job portal can be offered on certain operating systems or versions of operating systems.