The following terms (“Terms”] set out how you can use our website, which is currently available at www.locatealocum.com (“Website”), so please read them carefully. If you have any questions about the terms you can contact us at: [email protected]
1. What do these terms mean?
The following words will have the following definitions in these Terms:
|Applicant||A Locum who has submitted an Application|
|Application||An application submitted by a Locum to provide services in accordance with a Session Notice|
|Criteria||Criteria selected by a Locum [such as location and remuneration] in respect of the type of Session Notices they would like to receive|
|Booking||The attendance by the Successful Applicant to provide services in accordance with the Session Notice|
|Dashboard||The dashboard made available to a Pharmacy or Locum via their User Account|
|Locum||A locum pharmacist who has registered with our Website|
|Our Services||The provision of our Website|
|Personal Data||“Personal Data” and “Sensitive Personal Data” as such terms are defined in the Data Protection Act 1998 or any such legislation as may be enacted or adopted by the UK in respect of data protection [in each case, “DPA”)|
|Pharmacy||A pharmacy registered with our Website and where the Pharmacy is a company includes all members of the Pharmacy Group.|
|Profile||The profile set up by a Locum using their Dashboard|
|Services Fee||The fee payable by a Pharmacy to us in accordance with clause 7 below|
|Session||A shift for which a Pharmacy requires a pharmacist to provide pharmaceutical services|
|Session Notice||A notice of an available Session|
|Submit||Uploading on to your Dashboard (and “submitted” shall be construed accordingly)|
|Successful||An Applicant selected by a Pharmacy to provide services in accordance|
|Applicant||with a Session Notice|
References to clauses [unless otherwise provided] are references of the clauses of these Terms. Headings are for ease of reference only and are not intended to be legally binding and/or to restrict the meaning of any clauses. Words in the singular include the plural and in the plural include the singular. A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. References to “including” and “include (s)” shall be deemed to mean respectively, “including without limit at ion “and “include(s) without limitation”.
2. How do I agree to these terms?
In order to use our Website, you must first agree to these Terms. You may not use our Website if you do not agree to these Terms. You must agree to these Terms before availing of the services of our website. To indicate agreement please tick the “Agree” button where prompted to do so. By ticking the “Agree” button, where prompted, you will be held to be confirming that you have read and understood the contents of these Terms.
Sometimes we may need to change these Terms. If we do, we will post the new Terms on our Website, and will notify you directly the first time you log in after the terms have been updated. If you use our Website after we have changed our Terms, you will be deemed to have accepted the changes. You should always check the Terms before using our Website.
To be eligible to use our Website you must be 18 years of age or older. You must not use our Website if you are younger than this.
3. What is Locate a Locum?
We provide our Website to help Pharmacies to find Locums seeking work as a locum pharmacist. We provide a free payroll service for Pharmacies. We cannot, and do not, guarantee or warrant, in any way, that Locums who use our Website will be provided with work in any pharmacy. The Website works as follows:
Pharmacists can register with the Website and designate Criteria [which sets out the type of Session Notices they want to receive].
If a Pharmacy has an available Session, they may submit a Session Notice. The Session Notice shall only be sent to Locums whose Criteria match the relevant details in the Session Notice.
If a Locum wishes to provide the services in accordance with the Session Notice, they may submit an Application. Profiles of the Applicants will be sent to the Pharmacy’s Dashboard.
The Pharmacy may then use the Dashboard to select the Successful Applicant, and confirmation will be sent to the Successful Applicant.
While we may take steps to vet Locums, our services are solely to act as a communications platform provider. As such, we do not endorse nor give any guarantees in respect of any Pharmacies or Applicants. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITE [AND SERVICES] IS SOLELY AND ENTIRELY AT YOUR OWN RISK.
4. How do I use Locate a Locum?
You may only access our Website using your Dashboard; and
If you are a Pharmacy: your Dashboard may only be used to submit Session Notices solely for the purpose of finding a Locum willing to provide the services requested, to select the Successful Applicant; and if you are a Locum: you may only use your Dashboard to update your Profile, to receive Session Notices and to apply to provide the services requested.
In exchange for you agreeing to fully comply with and be bound by these Terms [and, if you are a Pharmacy, subject to payment of the Services Fee], we hereby grant you a non-exclusive, non-assignable, non-transferable, non-sub-licensable license to use our Website for the purposes set out in clause 3 above, and in accordance with these Terms.
There are some things which you are not entitled to do on our Website. You agree:
not to access [or attempt to access] any part of our Website:
by any means other than through the interface provided by us;
through any automated means, including use of scripts, robots, spiders, scrapers or web crawlers; and
unless you have registered in accordance with clause 5 below; and
that you will not (a) take any action that imposes, or may impose [in each case in our sole discretion] an unreasonable or disproportionately large load on our infrastructure; (b) [save to the extent permitted by governing law] copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part of our Website without prior written consent from us; [c] interfere or attempt to interfere with the proper working of our Website or any activities conducted via our Website; (d) bypass any measures we may use to prevent or restrict access to our Website; and [e] attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code in our Website; and that you will not engage in any activity that interferes with or disrupts our Website or the servers and networks that are connected to our Website.
The Website functions so that Locums are provided with Session Notices which match the Criteria they have selected.
If you are a Locum and you receive any Session Notices, you acknowledge and agree that any such information is being provided to you on a confidential basis and that you are only entitled to use the information to assess whether or not you would like to provide the services requested, and, if you are the Successful Applicant, in order to provide the services in question. Unless required to do so at law you are not entitled to. And you agree that you shall not use the information for any purposes other than as set out in this clause 3. In particular, you agree not to disclose any such information to any other pharmacists, pharmacies or any other businesses, which could reasonably be deemed to compete with our business.
If you are a Pharmacy and you receive details about Applicants in respect of any Session Notice, you acknowledge and agree that any such information is being provided to you on a confidential basis and that you are only entitled to use the information to assess whether or not you would like to select an Applicant to provide services for the relevant Session, and, if the Applicant is selected, in order to facilitate the Booking. Unless required to do so at law, you are not entitled to, and you agree that you shall not use the information for any purposes other than as set out in this clause. In particular, you agree not to disclose any details of the Applicant to any other pharmacies [whether or not affiliated with you) or any other businesses which could reasonably be deemed to compete with our business and you agree not to contact the Applicant for any purposes other than in connection with the relevant Session.
5. How do I set up my user account and profile?
If you want to use our Website you must set up a User Account [and Profile, for Locums). To do this you will be required to provide us with certain information, which may include details of your identity, availability, qualifications and references. Any information which you provide us with in when you set up your User Account and/or Profile and any updates or other details you provide us with from time to time, altogether any such details, “User Details”.
By providing us with any User Details, you are representing and warranting that:
the User Details are complete, up to date and accurate;
you are not using a false name or impersonating anyone else;
you have the required authority and obtained all consents necessary to provide us with the Registration Details for use in accordance with our Terms;
if you are registering on behalf of a Pharmacy, you are also representing and warranting that:
the Pharmacy is fully licensed and registered to lawfully provide pharmaceutical services; and
you are authorised to use the Website on behalf of the Pharmacy;
if you are registering as a Locum, you are also representing and warranting that:
you are fully qualified to work as a pharmacist in the country or countries designated in your registration;
you have obtained all necessary qualifications and membership of all and any necessary statutory or professional bodies;
- you have indemnity insurance in place;
- you have never been disqualified from acting as a pharmacist in any country; received any criminal convictions; and
- you are not aware of any reason or reasons why you might not be suitable to act as a locum pharmacist.
to notify us immediately if any of your User Details change or if the representations and warranties referred to in clause 5 above cease to be correct; and
that you are responsible for maintaining the confidentiality of any passwords associated with your User Account. Accordingly, you agree that you are solely responsible to us for all activities that occur under your User Account, as determined, noted, or recorded by us. Such determination, notation and record shall be at our sole discretion, and shall serve as conclusive proof of the facts stated therein to which they attest.
You grant us the right to access your User Account for the purposes of provided our Services, monitoring, improvement or upgrade.
If you become aware of any unauthorised use of your password or your User Account, you agree to notify us immediately at: [email protected]
If you are a Locum with a Profile, you may update most of the details in your Profile from time to time. However, there are some details which you will not be entitled to edit. For example, if you cancel an Application once you have been selected as the Successful Applicant or if you don’t show up to a Session you have agreed to attend, this may show up on your Profile for any Pharmacies (to which you have applied] to see.
6. Session Notices (Pharmacies)
By submitting a Session Notice, you are warranting and representing that:
- all details in the Session Notice are accurate, complete and up to date;
- you have all consents and authorisations required at law to submit the Session Notice and to enter into an agreement for services or other agreement with the successful Applicant; and
- by submitting the Session Notice and/or booking an Applicant, you will not be in breach of any applicable legislation and/or any contractual terms.
You will only receive details of Applicants if the details in your Session Notice match any Criteria selected by Locums and if any of those Locums respond to the Session Notice. We cannot and do not guarantee that this will be the case and we accept no liability whatsoever if you do not receive any details of any Applicants for a particular Session Notice.
Our Services are to act as a communications platform. While we take steps to confirm the identity of Locums and their qualifications, you acknowledge and agree that it is your responsibility to carry out all checks which you feel are required before agreeing to receive services from a Locum. We do not provide any guarantees relating to the Locum supplied nor do we supervise the services provided by any Locum. To the fullest extent permitted by law, we exclude any liability for the acts and/or omissions of any Locum in connection with any Booking, including relating to any cancellation by, non-attendance of the Locum [save as expressly provided in these Terms] . You acknowledge and agree that it is your responsibility to put in place such insurance as you may reasonably believe is necessary to protect you and/or any third parties from suffering any losses and/or damages in connection with the Booking.
The nature of the contractual relationship between you and the Locum is a matter to be determined solely by you and the Locum. You agree, however, that you shall be solely liable to pay the Locum in accordance with any terms agreed with the Locum and to make any other payments due at law in connection with the Booking. No liability for payment to the Locum shall attach to us by reason of anything set out in these Terms.
In respect of the Booking, you agree:
not to ask the Locum to provide any services which differ materially from the details included in the Session Notice;
to comply with all applicable employment, health and safety and any other applicable legislation in respect of the Locum and their engagement by you;
to treat the Locum with respect and provide safe working conditions for the Locum and not to act in any manner [ or authorise or allow any person connected with your pharmacy to act in any manner] which could reasonably be perceived to be threatening, bullying, harassing or intimidating; and
that any disputes which may arise in respect of the performance [or non- performance] of any services by an Applicant are solely between you and the Applicant and to the fullest extent permitted by law we accept no liability whatsoever in such circumstances.
You acknowledge and agree that any Applicant details which may be sent to your Dashboard are only for the purposes of filling a particular Session. As such, you agree not to contact any Locum directly once the Session has been completed, for the purposes of offering that Locum any further work.
7. Is there a fee to use Locate a Locum?
There is no fee for Locums to use our Website.
Pharmacies shall pay us a Services Fee for use of our Website, in accordance with the following terms:
the Services Fee shall be payable upon completion of a Session attended by an Applicant and shall be due at the end of the month in which the Booking was completed;
we shall be entitled to charge interest at the rate of 8% above the lending rate of the Bank of Ireland from time to time if the Services Fee is not paid by the due date;
payment of the Services Fee shall not be conditional upon the acts and/or omissions of the Locum in question, including the level or quality of services provided by the Locum.
Pharmacies may cancel a Session Notice at any point until any Applicant’s details have been sent to the Pharmacy’s Dashboard. The Pharmacy acknowledges and agrees that the Services Fee shall be payable in respect of any cancellation by it of a Session Notice following such details having been sent.
If an Applicant selected by a Pharmacy is prevented from attending a Booking as a result of the acts and/or omissions of the Pharmacy [including incorrect details provided in a Session Notice or any subsequent correspondence with the Applicant], this shall be deemed to be a cancellation and the Services Fee shall become payable when the Session (as scheduled] was due to be completed.
An Applicant may withdraw its Application at any time prior to receiving confirmation of a booking.
If an Applicant is unable to attend a Session which has been booked, it must notify the Pharmacy immediately. Cancellations outside a 28 day timeframe are subject to a cancellation fee of £25 per session. If the applicant does not notify the pharmacy, the cancellation fee is increased to £50 per session. The Applicant also acknowledges and agrees that any such cancellation or any failure to complete a confirmed Booking may be recorded on the Applicant’s Profile and displayed to any Pharmacies to which it makes an application to provide services.
9. What does it mean if I respond to a session notice?
By applying to provide services in accordance with a Session Notice, you are warranting and representing that:
you have all of the qualifications, certifications and experience required as set out in the Session Notice;
you are available, able and willing to provide the services in accordance with the Session Notice; and
you are not aware of any reasons why you would be unable to fill or prevented [whether at law or otherwise from filling] the Booking in accordance with the Session Notice; and
you are consenting to us sending your Profile to the Pharmacy which submitted the Session Notice; and
you are agreeing to fulfil the Booking in accordance with the Session Notice.
We act as a communications platform. As such, you acknowledge and agree that [to the fullest extent permitted by law]:
we do not endorse any Pharmacies, nor do we provide any guarantees relating to any Session. Any Application submitted by you is entirely at your sole risk;
any contract of services or other agreement is between you and the Pharmacy in question, we accept no liability whatsoever for the acts and/or omissions of the Pharmacy nor for any breach of any agreement between you the Pharmacy; and
any disputes which may arising in respect of the services to be provided to a Pharmacy pursuant to a Session Notice are between you and the Pharmacy and to the fullest amount permitted at law, we accept no liability whatsoever.
In relation to the Booking, you agree:
to act at all times in a professional manner;
not to act in any way which could reasonably be considered to be intimidating, threatening, harassing or bullying; and
to comply with all reasonable instructions of the Pharmacy.
10. Personal Data
In order to use our Website, you may be required to disclose to us Personal Data. If you do so disclose such Personal Data to us:
You agree to comply with all relevant data protection legislation [including the DPA] in respect of any Personal Data which we may transfer to you from time to time (any such data, “Locum Data”], including by:
only using the Locum Data for the purposes of the Booking (and such other legal purposes as are strictly required by your business in order to comply with any applicable legislation] and for no other purposes whatsoever;
implementing adequate security measures to protect the Locum Data from unauthorised access;
complying with any data requests whether received by you or by us in respect of an individual whose data we have transferred to you; and
notifying us immediately in the event of a data breach or any data related requests received by you in respect of any Locum Data held by you.
11. Intellectual Property
You acknowledge that we own or licence all legal rights, title and interest in and to our Website and our Services, including any intellectual property rights which subsist therein (whether those rights happen to be registered or not, and wherever in the world those right may exist) and that all intellectual property rights in the Services [including source code in our website) belong to and shall remain vested in us [or where relevant our licensors). Nothing in these Terms shall confer on you any right, title or interest in any intellectual property rights (except the rights of use set out in these Terms).
You agree not to use any of the trademarks, trade names, service marks, copyrights, logos, domain names, and/or other distinctive brand features belonging to us or any third party unless you have valid written permission to do so. You agree not to alter, remove or obscure any proprietary notices (including copyright and trademark notices] which may appear in or be held within our Website.
In the event that your use of our Website, if used in accordance with these Terms, infringes any intellectual property rights of a third part y, we may, at our sole discretion and expense, replace or modify our Website so that it is no longer infringing or obtain for you the right to continue using our Website. This therefore constitutes your sole remedy in relation to any such infringement.
12. How can this agreement be terminated?
We may at any time disable your User Account [and Dashboard], and/or terminate this Agreement, at our sole discretion, and with you with no liability to you, if:
you materially breach, or we have grounds to suspect that you have materially breached any provision of these Terms (or act in a manner which we believe shows that you do not intend to, or are unable to comply with these Terms];
we are required to do so by law;
you become bankrupt or insolvent, or unable to pay your debts within the meaning of the insolvency legislation applicable to you; or a person [including the holder of a charge or other security interest] is appointed to manage or take control of the whole part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such appointment are filed with any court; or the ability of your creditors to take any action to enforce your debts is suspended, restricted or prevented or some or all of your creditors accept, by agreement or pursuant to a court or der, an amount of less than the sums owing to them in satisfaction of those sums; or any process is instituted which could lead to your assets being distributed to your creditors, shareholder or other contributors; or
the provision of our Website to you or to others, is, in our sole opinion, no longer commercially viable.
Provided that there are no Bookings linked to your User Account, which have been agreed to but have not been completed, you may terminate this Agreement by disabling your User Account at any time.
we reserve the exclusive right and prerogative to retain, maintain, archive, protect, use or store any personal data or such information as we may receive from you, without regards as to time or duration, as is strictly necessary to comply with our legal obligations, resolve disputes and enforce agreements.
On termination of this Agreement, the following clauses shall apply:
the licence granted under this Agreement shall immediately terminate;
you shall immediately pay any outstanding sums due in connection with your use of our Website;
all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force] or which are expressed to continue indefinitely, shall be unaffected by this cessation, and in particular the provisions of clauses 3, 6, 7, 10 and 11 – 15 (inclusive) shall survive termination of this Agreement; and
13. Limitation of liability and indemnity
Nothing in these Terms, including this clause 13 shall exclude or limit any warranty or liability to the extent that the same may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by its negligence.
In respect of your use of our Website and/or our Services, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms [including implied warranties and conditions of or merchantability, fitness for a particular purpose and non-infringement] and no advice or information, whether oral or written, obtained by you from us or any of our subsidiaries, affiliates, officials, employees or personnel, or through or from your use of our Website and/or Services shall create any warranty not expressly stated in these Terms.
Any condition, warranty, representation or other terms concerning our Website or Services, which might otherwise be implied into or incorporated in these Terms, or whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
While we will use every effort to ensure that our Website is available to you, you expressly understand that some of the functions of our Website rely on an internet connection being sustained and the appropriate equipment being maintained. As such, you expressly understand and so agree that your use of our Website is ‘as is’ and ‘as available’. In particular, we do not represent or warrant to you that:
your use of our Website (including such use in conjunction with any other software] will meet your requirements, or that your use of our Website will be uninterrupted,
timely, secure or free from error defects in the operation or functionality of our Website;
that defects in the operation or functionality of our Website will be corrected, rectified or remedied; and/or
any information obtained by you as a result of your use of our Website will be accurate or reliable.
Any material downloaded or otherwise obtained from or accessed through your use of our Webs it e is done so at your own discretion and risk, and you will be solely responsible for any damage, loss or prejudice to your computer system or other device or loss of data that result from the download or access of any such material.
You expressly understand and agree that we and our licensors shall not be liable to you for:
any direct, indirect, special. incidental or consequential loss or damage which may arise in respect of your use of our Website and/or its non-availability;
loss of profit business revenue, goodwill and anticipated savings;
any trading or other losses which you may incur as a result of or reliance upon any content on our Website;
the deletion of. corruption of, or failure to store any content and other data maintained or transmitted by or through your use of our Website; or
any effect which the use of our Website may have on any software you use.
Subject to the terms set out above, our aggregate liability to you in respect of any loss or damage suffered by you and arising out of or in connection with the use of our Website by you shall not exceed the sum of £10 if you are a Locum [or any third party], and shall not exceed the aggregate Introducer Fee paid by you to us in the 12 months immediately preceding the date of the claim, if you are a Pharmacy.
You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with your use of our Website; that we cannot adequately insure its potential liability to you; and that accordingly, the exclusions and limitations contained in this clause 13 are reasonable. You also undertake at all times to mitigate any such damage or loss.
You agree to indemnify us against all liabilities, costs, expenses, damages and losses [including any direct indirect or consequential losses, loss of profit loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us, arising out of any breach of this Agreement by you.
Nothing in these Terms shall create or be deemed to create a partnership or the relationship of employer and employee between you and us. Nothing in these Terms shall create any mutuality of obligation between you and us. As set out previously herein, we cannot, and do not, guarantee or warrant that by availing of the services provided by our Website you will be provided with work in a pharmacy, or any work.
It is matter of agreement between the Pharmacy and the Locum as to the nature of the legal relationship between them and who is responsible for the payment of taxes or other statutory contributions that may arise as a result of that relationship. The Pharmacy and the Locum agree to indemnify us on demand for any losses, expenses and/or costs incurred by us as a result of a failure of either the Pharmacy or the Locum to make payment of sums due to be paid pursuant to the agreement for services or other agreement entered into between them including any payments to be made pursuant to clause 6.
You shall not assign, transfer or sub-license any of your rights or obligations under these Terms, other than to members of the same group of companies and other than as expressly provided for in these Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under these Term s.
Failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights, nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.
We shall not be liable to you in the event that we are unable to perform any of our obligations under these Terms owing to circumstances beyond our reasonable control, including acts of god, governmental actions, an outbreak of hostilities [whether war is declared or not], or in the event of a national emergency or terrorist intervention.
If any part of any provisions of these Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provisions and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
These Terms represent the entire agreement between you and us in relation to the subject matter of these Terms and neither of you nor us has relied upon any statement or representation made by the other in agreeing to enter this Agreement .
1. Locate a Locum provides a permanent recruitment service that is free of charge to all locums, technicians or any other potential employee, henceforth referred to as candidates, who are offered positions by Locate a Locum on behalf of a pharmacy.
- Locate a Locum charges a fee of 15% of the Candidate’s gross annual salary for placement of pharmacists and all other pharmacy staff.
- If a candidate’s employment ceases the client may request the position to be filled again at no charge or a refund of agency fee as agreed in the Pharmacy Permanent Recruitment Terms.
- If a client engages a locum who was initially introduced to the client by Locate a Locum (introduction, locum placement or any other placement type); the applicable fees are due to Locate a Locum from the date of introduction up to twelve months after the date of introduction.
16. Law and Jurisdiction
These Terms shall be construed in accordance with Northern Irish law and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts to settle any disputes which may arise in connection with these Terms.