General Terms and Conditions (General Terms)

1. Provider and scope

1.1 MedPool is a brand of HR HUNOLD, Sagenriet 7, 8853 Lachen SZ, company identification number CHE-113.529.960 (hereinafter “MedPool”). HR HUNOLD holds the licence for private employment placement under Art. 2 of the Swiss Employment Services Act (AVG); the licence is issued to HR HUNOLD, the responsible person is Robert Hunold.

1.2 These General Terms and Conditions (“General Terms”) apply to all services provided by MedPool, to the use of the medpool.ch platform and to all users: clinics, hospitals and other healthcare institutions (“clinics”), doctors and nursing professionals (“healthcare professionals”) and recruiters.

1.3 Depending on the role, the Special Terms and Conditions for clinics, for healthcare professionals or for recruiters (“Special Terms”) apply in addition.

1.4 Order of precedence in the event of conflict: (1) written individual agreement or assignment confirmation, (2) Special Terms, (3) these General Terms. Users’ own terms and conditions apply only where MedPool has agreed to them in writing.

2. MedPool’s role: placement, not staff leasing

2.1 MedPool provides exclusively employment placement within the meaning of Art. 2 et seq. AVG and the placement of self-employed services. MedPool does not engage in staff leasing within the meaning of Art. 12 et seq. AVG.

2.2 MedPool is at no time the employer of the healthcare professionals placed – neither for temporary assignments, nor for locum assignments, nor for permanent positions. MedPool does not conclude employment contracts with healthcare professionals, pays no salaries and exercises no right to issue instructions.

2.3 Contracts covering the work or service (employment contract, mandate, assignment contract) are concluded exclusively between the clinic and the healthcare professional. The clinic makes the selection itself; the platform supports it with shortlists.

2.4 Recruiters are independent contractual partners of MedPool and are neither employees nor representatives of MedPool.

3. Registration and user account

3.1 Use of the platform requires a user account. Users warrant that their information is complete and true, and keep it up to date.

3.2 Access credentials must be kept confidential. Actions taken via an account are attributed to its holder unless they prove misuse.

3.3 MedPool may refuse registrations and block accounts, in particular in the event of false information, missing licences, breaches of these terms or circumvention of MedPool.

4. Conclusion of contract and electronic communication

4.1 By registering, confirming an assignment or accepting a proposal via the platform, the user accepts these terms and the Special Terms applicable to them.

4.2 The parties agree that electronic communication (platform, email) is equivalent to written form, unless the law mandatorily requires a different form. Contracts may be signed electronically (e.g. via Skribble). Where the law requires written form, a qualified electronic signature must be used.

5. Platform and matching

5.1 The platform compiles shortlists based on qualification, availability, place of assignment, language and professional suitability. The selection and hiring decision is always made by the clinic.

5.2 Protected characteristics such as age, gender, nationality or marital status are not included in the assessment, either directly or indirectly. Every automated pre-selection is logged and traceable.

5.3 MedPool aims for high platform availability but does not owe uninterrupted availability. Maintenance work is announced where possible.

5.4 MedPool does not owe placement success unless the Special Terms provide otherwise.

6. Obligations of all users

6.1 Users comply with applicable law, in particular employment, social insurance, health and data protection law.

6.2 Users may not circumvent MedPool. Contacts established through MedPool are subject to the client protection and circumvention rules of the Special Terms.

6.3 Abusive use, automated data scraping and the posting of unlawful or discriminatory content are prohibited.

7. Data protection

7.1 MedPool processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and Art. 19 of the Employment Services Ordinance (AVV). Details are set out in the privacy policy at www.medpool.ch/datenschutz.

7.2 The data is stored in Switzerland. Disclosure abroad takes place only within the scope of Art. 16 f. FADP.

7.3 Data of healthcare professionals is disclosed to clinics only with the healthcare professional’s consent and only for the purpose of filling the position. Recipients may not use or pass it on for other purposes and delete it as soon as the purpose ceases to apply.

7.4 Where the platform makes a pre-selection automatically, healthcare professionals are informed of this (Art. 21 FADP). As the clinic decides, there is no decision based solely on automated processing; healthcare professionals may nevertheless request a review by a human being at any time.

8. Confidentiality

The parties treat confidential information, in particular fees, terms, applicant data and trade secrets, as confidential. The obligation continues to apply after the end of the contract. Statutory disclosure obligations remain reserved.

9. Intellectual property

The platform, software, brand, logo and content of MedPool remain the property of MedPool or its licensors. Users receive a non-transferable right of use for the duration of the contractual relationship. Use of the MedPool brand by third parties requires prior written consent.

10. Liability

10.1 MedPool is liable only for damage caused intentionally or through gross negligence. Liability for slight negligence, consequential damage and lost profit is excluded to the extent permitted by law (Art. 100 CO).

10.2 MedPool is not liable for the performance, conduct or professional work of the healthcare professionals placed, for the accuracy of the information provided by users or for the solvency of contractual partners.

10.3 Liability for auxiliary persons is excluded to the extent permitted by law (Art. 101 para. 2 CO).

11. Term and termination of the user account

The user account runs for an indefinite period and may be terminated in writing by either side at any time. Claims that have already arisen, ongoing assignments and client protection, confidentiality and data protection obligations remain in force.

12. Amendments to the terms

MedPool may amend these terms and the Special Terms. Amendments are communicated at least 30 days before they take effect by email or on the platform. If a user does not object within this period, the amendments are deemed accepted; in the event of an objection, either party may terminate the account as of the date the amendments take effect. Ongoing assignments and orders already placed are governed by the version applicable when the contract was concluded.

13. Final provisions

13.1 Should any provision be invalid, the remaining provisions remain effective. The invalid provision is replaced by a valid one that comes closest to its economic purpose.

13.2 The designations of persons used in these terms apply to all genders.

13.3 These terms may be available in several languages; the German version prevails.

14. Applicable law and place of jurisdiction

14.1 Swiss law applies exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).

14.2 The place of jurisdiction is Lachen SZ. Mandatory places of jurisdiction remain reserved, in particular that of job seekers (Art. 34 of the Swiss Civil Procedure Code) and of consumers.