Terms and Conditions between Network Locum Ltd and Locums

The following terms and conditions ("Terms") apply to your use of the  Network Locum Web Platform ("the  Network Locum Web Platform") which is owned and maintained by Network Locum Limited, and the services available from the Network Locum Web Platform (together, the "NL Service").  Please read these Terms carefully.  By using the Network Locum Web Platform and/or using the NL Service you agree that you have read, understood and agree to these Terms (each as amended from time to time).  If you do not agree to these Terms you must not use the Network Locum Web Platform or use the NL Service.

Introduction

Network Locum Limited ("NL") is a limited company registered in England and Wales whose registered number is 07529895 and whose registered address is at 71 Fanshaw Street, Shoreditch, London, N1 6LA.

Should you have any questions about these Terms or wish to contact NL for any reason whatsoever, please contact NL by email at support247@networklocum.com

Description of NL Service

The Network Locum Web Platform and the NL Service is an online communications platform to post and search assignment opportunities between suppliers (such as personal service companies) and individuals providing GP services ("GPs") and organisations seeking GPs ("Clients").

NL is not an employer, an employment agency or an employment business.  Clients are the potential employers and are responsible for compliance with all applicable employment and other related laws.  NL does not refer or recommend either Clients or GPs, and NL shall not be responsible for any engagement or employment decisions.  NL provides a platform through which GPs and Clients can connect with each other and where Clients can post assignment opportunities and search for and evaluate assignment candidates, and where candidates can post individual profiles and search for and evaluate assignment opportunities.  NL is not involved in the actual engagement between Clients and GPs and any direct or indirect engagement of a GP by a Client is subject to and governed by separate terms and conditions and these Terms do not affect either a Client's or a GP's rights in respect of such engagement.

For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations"), NL is not an employment agency or employment business and generally does not introduce or supply work-seekers to hirers or hirers to work-seekers.  It is recommended that, if you are a GP, you undertake the steps set out in the Regulations to ensure your suitability for the role advertised by a Client.  These could include:

checking the identity of the Client and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the Client considers necessary or are required by law or otherwise to undertake the position, or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.

The Client has the obligation to pay the GP for the GP services. NL may as the Client's agent, arrange payment for the services delivered by the GP to the Client.

Registration

To enjoy the NL Service you must register an account through the Network Locum Web Platform ("User Account") and in doing so you agree to be bound by these Terms, which shall govern your use of the NL Service.

You are only eligible to register a User Account if all information that you use to register is accurate and current.  It is your responsibility to keep all your information up to date.

On registering with NL to use the NL Service, you will be issued with a user name and password which must be used in order to access the NL Service.  The user name and password are personal to you and are not transferable.

In order to use the NL Service you must populate the member profile. You warrant and represent that all information provided on registration and contained in the member profile is, and continues to be, accurate and not misleading.

Your user name and password are the methods used by us to identify you and so are very important.  You are responsible for all information posted on the Network Locum Web Platform by anyone using your user name and password.  Any breach of security of a user name and password should be notified to NL immediately.

You may not adapt or circumvent the systems in place in connection with the Network Locum Web Platform, nor access the NL Service other than for the purposes contemplated in these Terms.

Use of NL Service

The NL Service may only be used by individuals (and suppliers of individuals) seeking assignments as GPs and by Clients seeking the same.  Your use of the NL Service is subject to any other contracts that you may have with NL.  If there is any conflict or inconsistency between these Terms and the contract you have with NL, the terms of your contract will take precedence. 

You agree to use the Network Locum Web Platform and the NL Service only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use of the NL Service.

You are permitted to download and print content from the Network Locum Web Platform solely for your personal use.  Network Locum Web Platform content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any reason without NL's express written permission.  You are not entitled to use the content of the Network Locum Web Platform for commercial exploitation in any circumstances.

By using the Network Locum Web Platform and/or the NL Service, you agree not to:

  • use the Network Locum Web Platform, the NL Service, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the NL Service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another person's User Account without permission;
  • provide false or inaccurate information when registering a User Account, using the NL Service or communicating with other users;
  • attempt to re-register with the NL Service if we have terminated your User Account for any reason;
  • interfere or attempt to interfere with the proper functioning of the NL Service;
  • make any automated use of the system, or take any action that NL deems to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any measures NL takes to restrict access to the NL Service or use any software, technology, or device to scrape, spider, or crawl the NL Service or harvest or manipulate data;
  • use the communication systems provided by or contacts through the NL Service for any commercial solicitation purposes; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

You shall indemnify NL in respect of any loss it may suffer as a direct or indirect result of any breach by you of the Use of NL Service terms or any other breach by you of these Terms.

User Content

You are responsible for any content, messages, reviews, feedback or profiles ("User Content") that you submit, post or display on the Network Locum Web Platform, or transmit to other users of the NL Service.  You will not provide inaccurate, misleading, defamatory or false information onto the Network Locum Web Platform or to any other user of the NL Service, and all opinions stated as part of User Content must be genuinely held.  You represent and warrant to us that you have the right and authority to post all information you post about yourself or others on the Network Locum Web Platform.

By submitting, posting or displaying User Content on the Network Locum Web Platform, you grant NL a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to reproduce, adapt, distribute and publish such User Content through the NL Service.  NL reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion and shall comply with the Data Protection Act 1988 in relation to sensitive personal data. NL may review and remove any User Content that, in its sole opinion, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, other users of the NL Service.  NL reserves the right to prevent further access to the NL Service for violating the Terms or applicable laws, rules or regulations.

NL does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by users of the NL Service nor does NL endorse any opinions expressed by users of the NL Service.

Session requests

You are solely responsible for your session requests (i.e. requests you may make to fill a vacancy or undertake an engagement) on the Network Locum Web Platform.  NL shall not be an employer with respect to your use of the NL Service and NL shall have no responsibility for engagement or employment decisions made by a Client.

You agree that each session request shall not contain inaccurate, false, or misleading information.  NL reserves the right to remove any session requests or content from the Network Locum Web Platform which, in NL's opinion, does not comply with these Terms or if any of the content is not in the best interests of NL.

You agree that a contract relating to an engagement with a Client will be deemed to have been entered into between the Client and you when:

(a)        (in the case of a GP who is one of the GPs in the Client's "locum bank" as outlined on the Network Locum Web Platform or on such other basis as the Client and Network Locum may from time to time agree) the GP indicates via the Network Locum Web Platform that he or she will undertake the relevant engagement; or

(b)        (in the case of any other GP) the GP indicates via the Network Locum Web Platform that he or she will undertake the relevant engagement and the Client indicates via the Network Locum Web Platform that it agrees to engage that GP for that engagement.

GP checks

By registering a User Account to use the NL Service as a GP you consent to NL's use of your information to verify such information, including passing onto a third parties, to evaluate the accuracy of the information ("GP Checks").  NL will not seek your further consent prior to carrying out the GP Checks and you acknowledge that certain sensitive information may be included in the GP Checks.  The GP Checks which NL will perform are set out below:

CHECK

HOW INFORMATION IS COLLECTED FROM GP

NL VERIFICATION

Experience

GP provides details during registration of the User Account

None

References

GP provides details during registration of the user account

 Reference requests are emailed to listed referees and references received are attached to GP profile

Passport / ID

GP uploads scans onto the User Account during registration

 Checked, so far as reasonably practicable for NL to do so, for consistency against other documentation provided by GP

Work Permits

GP uploads scans onto the User Account during registration

Checked , so far as reasonably practicable for NL to do so, for consistency against other documentation provided by the GP

National Insurance number

GP provides details during registration of the User Account

Checked , so far as reasonably practicable for NL to do so, for consistency against other documentation provided by the GP

Company Information (if working through PSC)

 GP provides details during registration of the User Account           

 Checked , so far as reasonably practicable for NL to do so, for consistency against other documentation provided by the GP

Self-employed Information (if GP is self-employed)

 GP provides details during registration of the User Account

 Checked , so far as reasonably practicable for NL to do so, for consistency against other documentation provided by the GP

Performer's List status

GP provides GMC number on sign up

Online National performer's List database checked to ensure registered with full licence. Checked on sign up and quarterly

GP Register

GP provides GMC number on sign up

Check qualification date and listed on GP register

GMC History

GP provides GMC number on sign up

Check for clear GMC history (no restrictions or conditions on working) on sign up and quarterly

Liability

NL is not responsible for User Content, the quality, safety or legality of the jobs or vacancies published, via the NL Service, or the ability of Client's to offer opportunities to GPs and NL makes no representations about any jobs, or User Content on the Network Locum Web Platform.  While NL reserves the right in its sole discretion to remove User Content, or other material from the Network Locum Web Platform from time to time, NL does not assume any obligation to do so, and to the fullest extent permitted by law, excludes any liability for failing to take any such action.

You agree that the NL Service is provided without warranty and we do not warrant or represent that the NL Service will meet your requirements or that its operation will be uninterrupted or error free.  We do not make any warranty as to the accuracy or reliability of any information obtained through the NL Service. 

The Network Locum Web Platform may contain links to other Web Platforms.  We accept no responsibility or liability for any material supplied or contained on any third party Web Platform which is linked from or to the Network Locum Web Platform, or any use of personal data by such third party.

We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of these Terms and our liability in these circumstances is limited as set out below.

In no event shall we, persons who act on our behalf, and/or persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to these Terms (whether in contract, tort (including, without limitation, negligence) or otherwise):

any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such loss of profits, goodwill, business, contracts, revenue or anticipated savings;

  • any loss or corruption of data; or
  • any loss or damage whatsoever which does not stem directly from, or which results only as a consequence of, any loss or damage caused by our breach of these Terms.

Notwithstanding the above, our total liability (whether in contract, tort, negligence or otherwise) to you, for any loss or damage shall, be limited to £2,000,000

Nothing in these Terms shall exclude or limit NL's liability in respect of death or personal injury caused by negligence or fraud (including fraudulent misrepresentation) or any other liability which cannot by law be limited or excluded.

Indemnity

You agree to indemnify, defend and hold harmless NL and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable legal fees and costs incurred by NL in connection with any claim by a third party (including an intellectual property claim) arising out of: (i) the materials and content you submit, post or transmit through the Network Locum Web Platform, or (ii) your use of the Network Locum Web Platform or the NL Service in violation of these Terms or in violation of any applicable law. 

Terms

NL reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Network Locum Web Platform and the NL Service, to remove your User Account and/or any User Content posted by or about you, from the Network Locum Web Platform, and/or to terminate your registration with the NL Service, with or without notice if NL determines that you are not eligible to use the NL Service, and/or have violated any of these Terms.

NL reserves the right, at its reasonable discretion, to apply procedures to detect and prevent breaches of these Terms or to monitor use of the NL Service generally.  These Terms will remain in full force and effect while you are a user of the Network Locum Web Platform or a registered user of the NL Service.  NL reserves the right to close your User Account and terminate these Terms with you at any time by providing you with thirty (30) days’ notice if NL ceases to provide the NL Service in the United Kingdom.  NL reserves the right to close your User Account and terminate these Terms with you at any time after a significant duration of activity.  If NL terminates your User Account because of a breach by you of these Terms, you agree that you will not seek to register with the NL Service again, whether using the same or a different identity to that under which you were originally registered.

Changes to these Terms

These Terms may be amended by NL in its discretion from time to time and the latest version will always be available on the Network Locum Web Platform.  Any new version of these Terms shall take effect, and will govern the NL Service and your relationship with NL: (i) immediately upon the date of posting on the Network Locum Web Platform where the changes to these Terms relate to a new feature/service or non-material changes, which (in either case) do not reduce your rights or increase your liability to us; or (ii) no less than thirty (30) days after the date of posting on the Network Locum Web Platform where the changes to these Terms potentially reduce your rights or potentially increase your liability to NL.  Please make sure you check for updates to these Terms each time you use the NL Service.

Privacy

You agree that any and all personal information you provide to us may be collected, stored, processed and used in accordance with our current Privacy Policy.

General

If any of the terms and conditions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.

Only you and NL shall be entitled to enforce these Terms.  No third party shall be entitled to enforce any of these terms and conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms set out the entire agreement between you and NL with respect to your use of the NL Service and supersedes any and all representations, communications and prior agreements (written or oral) made by you or NL.

These Terms are governed by the law of England and Wales.  In the event of any matter or dispute arising out of or in connection with these Terms, you and NL shall submit to the exclusive jurisdiction of the courts of England and Wales.