Locum Organiser Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH LOCUM ORGANISER UK LIMITED OFFERS YOU USE OF ITS SERVICES BY MEANS OF LOCUMORGANISER.COM (THE "WEB SITE").
BY USING THE WEB SITE YOU AGREE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE EXIT THIS WEB SITE AND DO NOT USE IT IN FUTURE.
This Agreement is made between you and Locum Organiser UK Limited whose registered office is
37 Commercial Road, Poole, Dorset, BH14 0HU
Tel: 01202 721 523
Company No. 07519933 ("Locum Organiser")
1. Purpose of the Web Site and Limitations on Users.
1.1. By means of the Web Site, Locum Organiser makes available an on-line advertising service, where doctors may place information describing their qualifications and availability for work as locum General Practitioners and where potential employers may view this information and contact the doctors in relation to it.
1.2. If you are not a UK GMC registered doctor or a partner or employee of a UK general medical practice you may not use this Web Site. For the avoidance of doubt, locum recruitment agencies are not permitted to use the Web Site. Further, and without limitation to the generality of the foregoing, you are specifically forbidden to use this Web Site to contact its registered users for any reason whatsoever. You are advised that the IP addresses of those using the Web Site to contact its registered users are recorded and that Locum Organiser will make the same available to regulatory authorities in order to prevent breaches of this clause.
1.3 You agree to indemnify Locum Organiser against any claims, costs, expenses, loss of reputation, loss of revenue, legal proceedings or any other loss caused as a result of your use of the Web Site in contravention of Clause 1.2
2. Services and Use of the Web Site by registered locum users (Doctors)
2.1. These clauses apply to use of the Web Site by registered users (Doctors) in addition to all other clauses of this agreement except those specified in section 4 “Services and Use of the Web Site by registered GP practices (GP Practices)”
2.2. Registration for and use of the Web Site to create personal web pages and/or use administrative services (invoicing etc) is offered only to General Practitioners who reside in the UK and are registered with the General Medical Council (GMC) in the UK. In registering for the Web Site, you assert that you are registered with the GMC and agree that Locum Organiser may, at its discretion, check the validity of your registration. You agree that if you provide false or unverifiable GMC registration information, Locum Organiser may immediately deny you use of the Web Site and any prior monies paid by you will not be refunded.
2.3. Where you are asked to complete a registration form the personal details that you provide must be true, accurate and complete. You agree to maintain the accuracy of this information using the facility provided as part of the Web Site.
2.4. Please note that when receiving any communication from potential employers as a result of your use of the Web Site you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without Locum Organiser as a party and Locum Organiser cannot be held liable for your use of or any liability arising out of such contracts and/or arrangements (save to the extent required by law).
2.5. Please note that while your personal web site is intended for use only by registered GP practices and measures are in place to facilitate this, Locum Organiser cannot verify that persons using your personal web site to contact you are bona-fide employees of GP practices and you agree that you are solely responsible for establishing the identity of any prospective employers and the suitability of any proposed employment. Publishing a personal web site is not a requirement of your use of the Locum Organiser service and you may turn off this feature in whole or in part in the options screen.
2.6. By registering to use the Services you automatically and hereby grant to Locum Organiser a royalty free right to copy and reproduce any material and information which you may provide to Locum Organiser through your use of the Web Site (herein referred to as "User Content") and to make backup copies of the same in order to provide to you the services of the Web Site. In the case of material and information which you provide to Locum Organiser for display on your personal web site, you further grant Locum Organiser the royalty free right to display the same and to make the same available on the Web Site. Locum Organiser acknowledges that it is not acquiring any right, title or interest in such user content which shall remain with you.
2.7. Accounts are provided at the discretion of Locum Organiser. Locum Organiser may close the account of or refuse to open an account for any person who uses or attempts to use it to bring the service or its members into disrepute or to damage the commercial interests of Locum Organiser.
3. Billing for use of the web site by registered locum users (Doctors)
3.1. These clauses apply to use of the Web Site by registered GP locum users (Doctors) in addition to all other clauses of this agreement except those specified in section 4 “Services and Use of the Web Site by registered GP practices (GP Practices)”
3.2. Locum Organiser operates as a subscription service for UK GP Locums. After your trial period has ended, if you wish to continue using the service you must pay the subscription charge at the prevailing rate.
3.3. To join the subscription service, you will make an initial payment via a third party payment processor. On each subsequent monthly anniversary of the initial payment, or shortly thereafter, Locum Organiser will automatically instruct the payment processor to repeat this payment. You grant Locum Organiser the authority to request these payments in order to continue your subscription.
3.5. Locum Organiser does not issue refunds for unused or part-used months. You can see the date of your next payment on the website. Providing you close your account before that date, you will avoid the next payment.
3.6. Locum Organiser agrees that, providing you maintain continuous paying membership, any future rises in the Locum Organiser subscription charge will not affect you. For the avoidance of doubt, this does not include any variation in the rate of VAT or other government levy.
3.7. Locum Organiser may, at its discretion, offer to suspend your account while you temporarily cease locuming. In this case you will not be able to use the facilities of the web site but your data will be kept and subscription payments will not be taken. You agree to inform Locum Organiser when you intend to resume using the web site and to inform Locum Organiser if your plans change. If you fail to do this and fail to pay the subscription charge Locum Organiser may delete your data. For the avoidance of doubt, a paused account does not constitute continuous paying membership for the purposes of 3.6 though Locum Organiser may, at its discretion, waive any increase in subscription price.
3.8. You agree not to instruct your payment provider to issue any chargeback in respect of your Locum Organiser subscription. Should you feel an incorrect fee has been taken from your payment card, please contact Locum Organiser. Locum Organiser will investigate and promptly refund any overpayment. You agree that if you do issue any chargeback against Locum Organiser, your account may be deleted.
3.9. Locum Organiser reserves the right to delete dormant accounts. These are defined as those accounts for which the subscription charge has not been paid for a period in excess of two months and for which no agreement has been entered into between the user and Locum Organiser for the purpose of suspending the account. Locum Organiser does not guarantee to delete dormant accounts in the aforementioned circumstances. It may preserve a user’s data at its discretion if it feels there is a likelihood of the user resuming use of the web site.
3.10. Only one trial period is available per user unless by prior agreement with Locum Organiser. If a user closes their account and opens another one without the agreement of Locum Organiser, the new account and any subsequent accounts will have the same trial period end date as the original account. Repeated closing and re-opening of accounts may lead to summary closure of a user’s account and refusal to provide the service to the same user in future. To prevent abuse in this manner the names, GMC numbers and account start dates of users are stored.
4. Services and Use of the Web Site by registered GP Practices (GP Practices)
4.1 These clauses apply to use of the Web Site by registered GP practice users in addition to all other clauses of this agreement except those specified in section 2 “Services and Use of the Web Site by registered users (Doctors)” and section 3 “Billing for use of the website by registered locum users (Doctors)”
4.2. Registration for and use of the Web Site to view information about and communicate with registered locum GPs is offered only to partners and staff of UK NHS general medical practices and UK NHS medical centres. In registering for the Web Site, you assert that you are such a person and that you act on behalf of your practice or medical centre.You agree that Locum Organiser may, at its discretion, check the validity of your registration information. You agree that if you provide false or unverifiable registration information, Locum Organiser may immediately deny you use of the Web Site.
4.2. Where you are asked to complete a registration form the personal details that you provide must be true, accurate and complete. You agree to maintain the accuracy of this information using the facility provided as part of the Web Site.
4.3. Please note that when negotiating with doctors you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without Locum Organiser as a party and Locum Organiser cannot be held liable for your use of or any liability arising out of such contracts and/or arrangements (save to the extent required by law).
4.4. As an employer, you agree that you are solely responsible for checking the validity of any claims made by advertising doctors on the Web Site and their suitability for your proposed employment. Locum Organiser does not undertake to verify the accuracy of claims made and cannot be held liable for any inaccuracies in the same (save to the extent required by law).
5.1.1. You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site. You must take all reasonable steps to ensure that these user names and passwords are kept confidential.
5.1.2. Locum Organiser will make commercially reasonable efforts to prevent breaches of security of the Web Site and to protect the personal information of its users. However, all liability of Locum Organiser, its directors or employees howsoever arising for any loss whatsoever arising from breaches of security and theft of personal information is excluded, insofar as it is possible to do so in law.
6. Proper Use of the Web Site.
6.1. You agree that you will not use the Web Site or any of the services on the Web Site as follows:
6.1.1. to send, receive, upload, download, store, use, distribute or publish any material that is obscene, threatening, menacing, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair Locum Organiser's servers or any third party computer system.
6.1.2. to send or distribute multiple unsolicited emails or messages ('spam') or to cause any other person annoyance, inconvenience or distress.
6.1.3. for any purposes connected to any business except that of medical practice, including sending any unsolicited advertisements or promotional material.
6.2. You agree to indemnify Locum Organiser against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site in contravention of Clauses 6.1.1 and 6.1.2 and 6.1.3
7. Availability of the Web Site and the Service
7.1. Locum Organiser does not promise full, uninterrupted or error free operation of the Web Site. All liability of Locum Organiser, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Web Site is excluded
8.1. Your use and browsing of the Web Site is at your risk. The liability of Locum Organiser or any other party involved in creating, producing, or delivering the Web Site for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site is excluded , insofar as it is possible to do so in law.
8.2. You acknowledge that Locum Organiser is not responsible for user content on the Web Site and that Locum Organiser cannot ensure that material presented on the Internet is legal. Locum Organiser will not limit access to material unless notified that it is illegal. Locum Organiser shall have the right to remove any postings, materials or other items on the Web Site which it believes may be illegal or which it determines to be inappropriate.
8.4. Locum Organiser does not offer financial advice and nothing on the Web Site should be construed as financial advice. The facilities of Locum Organiser are offered in good faith as an aid to administrative efficiency but you should check their suitability for your use with a suitably qualified professional adviser and verify that any calculations produced are applicable to your personal circumstances.
9. Intellectual Property
9.1. Locum Organiser grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site. You agree that you will not use the material as follows:
9.1.1. to rent, lease, sub-licence, loan, copy or give or transfer any rights in the material in any form, to any person or entity without the prior written consent of Locum Organiser.
9.1.2. to republish material from this Web Site in any form, including republication on another web site
9.1.3. to reproduce, duplicate, store, reverse engineer or otherwise exploit material on our Web Site for a commercial purpose. In particular, but without limiting the generality of clauses 9.1.1 and 9.1.2 you are specifically forbidden to use any automated technology for the collation of user content and/or the contact details of users for any commercial purpose other than to provide links to such material via search engines in accordance with the robots directives on the Web Site.
10. Data Protection and Use of Personal Information
11.1. Any legal notice or question concerning these terms and conditions may be sent to firstname.lastname@example.org
12. Waiver and Severability
12.1. Failure or neglect by Locum Organiser to enforce any part of this agreement shall not be deemed to be a waiver of any such part nor will it preclude the enforcement of that part or of any other right on any later occasion.
12.2. If any provision of this Agreement or part thereof is determined to be invalid, unlawful or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
13.1. This Agreement constitutes the entire agreement between the parties in respect of its subject matter.
13.2. Locum Organiser reserves the right to vary this Agreement at its sole discretion. Such changes shall be effective once posted on the Web Site. If you do not wish to be bound by the new terms, you must discontinue your use of the Web Site
14. Law and Jurisdiction
14.1. This Agreement shall be governed by the laws of England and Wales.