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App Terms of Use

Version 2.0 – Last updated May 2018

Introduction

These are the terms of use that apply to this application (and any update/upgrade to it) that we make available for download from any third party application store (App).

These terms also apply to your use of any services which are accessible and offered through the App, unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.  Use of your personal information submitted to or via the App is governed by our privacy and cookies policy.

The App is provided by or on behalf of Locum's Nest Ltd (Locum's Nest, we, us and our). We are a limited company, registered in England. Our registered company number is 09976456 and our registered office is at Niddry Lodge, 51 Holland Street, London, England, W8 7JB. Our VAT registration number is 244601528.

If you do not agree to all of these terms, you are not permitted to access or use the App and you should not proceed further.

 

Our Role

The App makes available an online platform where medical professionals can register on the App as a worker (Worker or you), to search and apply for work assignments that are posted on the App, from time to time (each a Shift) by any of the NHS hospitals, any other NHS organisations, private hospitals and health centres that are registered with us (each an Organisation) as each such Shift is described in the relevant posting completed by the relevant Organisation (each a Shift Posting).

 

Please note:

  • We are not an employment or ‘temp’ agency. We do not place Workers on Shifts or positions within Organisations whereby the Workers are employed, engaged or paid by us; and
  • We are not a recruitment agency. We do not put candidates forward, or search for or identify candidates, for Shifts or positions for which Organisations are seeking to recruit. We do not conduct any type of pre-employment or right to work checks in respect of a Worker prior to, during or following a work assignment.

We provide an online platform which enables Workers to apply for new Shift Postings that an Organisation has listed, and potentially be selected by Organisations, for relevant shifts, after expressing an interest in a particular Shift Posting on the App.  We do not provide or manage the Shifts. We do not decide or have any input into whether you are successfully selected for a Shift.  All such selection is made solely by the Organisation.

  

BY DOWNLOADING, ACCESSING AND/OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU.   IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP AND YOU SHOULD NOT PROCEED FURTHER.

 

We reserve the right to change these terms from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the App. These terms were last updated in April 2018.

 

Access to the App

The App is intended for use only by persons who are at least 18 years of age and are either qualified medical professionals, or allied healthcare professionals. By using the App, you confirm to us that you meet this requirement.

The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and to access and use the downloaded App.

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with these terms, for all access to, and use of, the App by you on any device, whether or not it is owned by you.

You acknowledge that the mobile service provider for the device to which you download access or use the App may charge for internet access (including mobile data usage) on that device.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the App or that the App will respond at a certain speed (since this depends on a number of factors outside our control).

 

Account set up and registration

In order to respond to any Shift Posting, you must first register to set up a Locum's Nest account with us by completing the Locum's Nest account registration form available on the App. Registration must be in accordance with this section.  You only need to register once. We reserve the right, in our sole and absolute discretion to disable any Locum's Nest account without giving a reason.

To register with us as a Worker, you must meet the following minimum eligibility criteria:

  • You must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these terms and conditions);
  • You must be legally entitled to work in the United Kingdom and/or in any other territory in which each Shift you intend to apply for states that you may be required to work;
  • You must have the necessary expertise and qualifications, as relevant, for each Shift you intend to apply for; and

If you apply for or accept any Shift offer made to you, you must not be prohibited from doing so, for instance, (i) by any legal or regulatory restrictions, or (ii) stipulations in any existing contract or terms of employment or engagement with any third party or any other agreement, understanding or covenant with, or commitment or undertaking to, any third party.

Please note that additional eligibility criteria for Workers responding to any Shift Posting may be set out in the relevant Shift Posting.

To register with us as a Worker, you must provide us with the accurate, complete and up-to-date information that we request including but not limited to: your full name, phone number, General Medical Council (GMC) reference number, photographic ID (driving licence or passport) and a professional email address.

You are responsible for the information you provide to us and ensuring that the details you provide us with are correct and complete. You must be honest in relation to the details you provide and must not misrepresent any detail or information that you provide, including in relation to any particular qualifications you may or may not have.  You must contact us promptly to inform us of all changes to this information and to notify us if you no longer satisfy all of the minimum eligibility criteria for Workers set out above.

It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above.

Please refer to our privacy policy for details of how and why we process your personal data and what happens to any personal data that you provide to us or that we collect from you on the App.

Upon registration for an account with us, you will be asked to create a username and password. You must keep your username and password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password.

Any breach of these terms and conditions and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

 

 

Shift Postings and applying for Shift

Each Shift is as described in the relevant Shift Posting. You are not obliged to respond to any Shift Posting or to apply for any Shift, and it is entirely your decision as to whether you wish to do so. We make no commitment as to how many or how often Shifts will be posted and we make no commitment that any of the Shift will be of interest to you or suitable for you to apply for.

Unless otherwise indicated in the relevant Shift Posting, each Shift is potentially open to a large number of Workers who are registered with us. As such, if you choose to apply, you should bear in mind that there may be other Workers who have chosen to apply for the same Shift as you.

The relevant Organisation, as indicated in the relevant Shift Posting, is solely responsible for describing the relevant Shift in that Shift Posting, including its scope, start date, duration, hours, what is required of Workers (for example, any particular expertise, qualifications, experience or travel requirements), remuneration and the deadline for applying.

You can respond to a Shift Posting using the functionality made available for that purpose on the App, following the simple instructions given on the App.

It is your responsibility to ensure you fully understand the relevant Shift Posting, and what is required of Workers, and that you satisfy all of the particular eligibility criteria (if any) specified by the relevant Organisation, prior to you applying. By choosing to apply for any Shift, you represent and warrant to us and to the relevant Organisation that you do meet all of the particular eligibility criteria (if any) specified by that Organisation.

If you are in any doubt about any Shift Posting, we advise that you contact the relevant Organisation, using the contact details set out in the Shift Posting, to obtain clarification before applying.

We do not complete any Shift Posting ourselves or pre-screen, approve or otherwise check the contents of any Shift Posting on any Organisation’s behalf and, as such, you acknowledge that we are not responsible for how any Shift is described, including any ambiguity. You acknowledge and agree that you are solely responsible for all use you make of any Shift Posting. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of your relying on any Shift Posting or applying for any Shift.

A Shift Posting may be cancelled or taken down from the App by the relevant Organisation at any time, without notice, for any reason, and you acknowledge that neither we, nor the relevant Organisation, will have any liability to you if a Shift Posting that you are interested in is taken down.

We make no commitment that the relevant Organisation will contact you in relation to any Shift Posting you choose to respond to, or that you will be considered by the Organisation, or invited to attend any interview, or that any Shift offer will be made to you.

If a Shift offer is made to you, the terms of that offer and, if you accept it, the terms of the engagement are entirely a matter between you and the relevant Organisation only. We do not know what those terms are and we do not become involved in the negotiation of those terms in any way. In particular, we are in no way responsible for paying you for the Shift, which is entirely the responsibility of the relevant Organisation.  You and the Organisation must agree all the terms applicable to the Shift and should ensure that an appropriate contract is in place.

 

Fees

Where you have been successful in obtaining a Shift, then following completion of such Shift it is your responsibility to ensure you complete and submit an electronic timesheet via the App. Each timesheet should be signed electronically by you and the relevant line manager, as per your organisation policy.

Locum's Nest is not responsible for any remuneration payments in respect of any Shift secured by you through the App (Fees).The Organisation is liable for the payment of all Fees due and owing to you following completion of a Shift. Locum's Nest shall deliver all electronic timesheets received by you to the relevant Organisation. It is then between you and the Organisation to arrange the transmission of payment to you. Locum's Nest do not process any invoices for Fees for or on behalf of the Organisation and shall not be liable for any failure or delay on the part of the Organisation to pay you any Fees due.

 

User Content standards

These standards apply to any and all content of any kind you submit to or via the App (whether

as part of any personal profile you create, any CV, resumé, reference, pre-employment checks (including but not limited to NHS Employment Check Standards) or other details of your employment history you upload, through use of any user-interactive features, or otherwise) (“User Content”). You must comply with the following standards which apply to each part of any User Content as well as to its whole.

 

User Content must:

  • be up-to-date and relevant to the purpose of the App;
  • where it states facts, be accurate to the best of your knowledge, information and belief;
  • where it state opinions, be genuinely held; and
  • comply with all applicable laws in the United Kingdom and in any country from which it is submitted.

 

User Content must not:

  • contain any material which infringes any intellectual property right or other right of any other person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations;
  • contain any material which is defamatory of any person or entity;
  • be likely to mislead or deceive any person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • be menacing, threatening, abuse or invade another´s privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;
  • contain or promote sexually explicit material;
  • promote violence or aggression;
  • promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
  • encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse;
  • be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • contain any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
  • give the impression that it emanates from us, if this is not the case.

 

Right to submit and use User Content

You acknowledge that you are responsible for ensuring that you have the right to submit all User Content you submit to or via the App and that no such User Content breaches the User Content standards set out above.

By submitting any User Content:

  • you represent and warrant to us that you have the right to submit that User Content and that it does not breach the User Content standards set out above; and
  • you agree that you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display that User Content (in whole or part) and/or to incorporate it in other works in any form, and you waive any moral rights you may have in, or to be identified as the author, of that User Content.

You agree to reimburse us, on demand, all losses, liabilities, amounts paid in settlement, costs and expenses suffered or incurred by us as a result of any claim arising out of or in connection with any User Content you submit to or via the App, or any use you make of the App otherwise than in accordance with these terms and conditions. This obligation will survive termination of your account for whatever reason.

Whilst we do not pre-screen user content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you, at any time, with or without notice to you.

 

App features and content

You agree that downloading, accessing and use of the App, since it is made available for download free of charge, are on an 'as is' and 'as available' basis and at your sole risk.

We reserve the right to change the format and features of the App by making an updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal or any other reasons.

Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources, for which we are not responsible. You should check with us or the relevant information source before acting on any such information.

All information relating to a particular Shift and a Shift listing is provided to us from the Organisation and we are not liable for the completeness or accuracy of such information.

Except as set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.

 

Use of the App

Subject to the following, you may retrieve and display content from the App on a mobile device and store the App in electronic form incidentally in the normal course of use of your browser or mobile device.  Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or, accessible via a link. 

Except to the extent expressly set out in these terms, you are not allowed to:

  • republish, redistribute or re-transmit the App;
  • copy or store the App other than for your use as permitted by these terms and as may occur incidentally in the normal course of use of your browser or mobile device;
  • store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data other than User Content from the App;
  • remove or change any content of the App other than User Content or attempt to circumvent security or interfere with the proper working of the App or any server on which it is hosted;
  • use the App in a way that might damage our name or reputation or that of any of our affiliates; or
  • otherwise do anything that it is not expressly permitted by these terms.

All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.

To do anything with the App that is not expressly permitted by these terms, you will need a separate licence from us. Please contact us, using the contacting us details at the end of these terms.

 

Suspension and termination

We may, with or without prior notice, suspend or terminate any service and/or your use of your account and the App in the event that you have breached these terms and conditions. We will determine, in our discretion, whether there has been a breach of these terms and conditions. When a breach of these terms and conditions has occurred, we may take such action as we deem appropriate.  Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

  • issue of a warning to you;
  • immediate, temporary or permanent removal of any User Content submitted by you;
  • immediate, temporary or permanent withdrawal of your right to use the App; and/or
  • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

You may terminate your account by emailing support@locumsnest.co.uk.

Upon termination of your account for whatever reason, all rights granted to you under these terms and conditions will immediately cease and you must promptly discontinue all use of your account and the App.

 

Intellectual property rights

We license, but do not sell, to you the App you download on a non-transferable basis. We remain the owner of the App at all times.

All intellectual property rights in the App and in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.

The App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the App contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under these terms, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in any App and the relevant Open Source Licence Terms will be made available to you upon request.

 

Third party platform providers and application stores

Certain third party platform providers with whose devices and/or operating systems the App has/have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these terms under Additional terms from third party platform providers. These provisions come from the relevant third party platform providers, not us.

Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.

 

Our liability

Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.

Subject to this, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, goodwill or other similar losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the sum of £100.00

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

 

General

You may not transfer or assign any or all of your rights or obligations under these terms and conditions.

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at the email address we hold for you as updated by you in your account from time to time.

If we fail to enforce any of our rights, that will not result in a waiver of that right.

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between us.

These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the App or any service offered through the App will only be dealt with by the English courts, provided that if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.

 

Contacting us

Please submit any questions you have about these terms and conditions or any problems concerning the App or any service offered through the App by email to support@locumsnest.co.uk or write to us at:

Locum's Nest Ltd

Niddry Lodge

51 Holland Street

London

England

W8 7JB

 

Additional terms from third party platform providers

Apple

If the App that you download, access and/or use runs on Apple’s iOS operating system:

  •  the App may only be accessed and used on a device owned or controlled by you and using any Apple branded product, and only in accordance with Apple’s usage rules published in its App Store terms of service;
  •  you acknowledge and agree that:
    • Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple, using the Contacting us details in these terms;
    • except as otherwise expressly set out in these terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Apple);
    • in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
    • although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
  • you represent and warrant that:
  • you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and
  • you are not listed on any United States Government list of prohibited or restricted parties; and
  • if the App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.