Terms and Conditions
The following terms and conditions (“Terms”) apply to your use of the Deal Direct Locums Website (“the Website”) which is owned and maintained by Deal Direct Locums Limited, and the services available from our Website (together our “Service”). Please read these Terms carefully. By using the Website and/or using our Service you agree that you have read, understood and agree to these Terms (each as amended from time to time).
Deal Direct Locums Limited is a limited company registered in England and Wales whose registered number is 09180950 and whose registered address is at Ground Floor, 3 Piccadilly House, Manchester, M1 3BN.
Should you have any questions about these Terms or wish to contact us for any reason whatsoever, please contact us by email at email@example.com
References herein to we, us and our, are references to Deal Direct Locums Limited and our services to you. References to you and your, are references to Locums and Surgeries as defined below unless otherwise specified.
- Our Service
We provide and operate a Website enabling surgeries or other organisations requiring a Locum (“Surgeries”) to advertise available shifts which can be searched and responded to by individuals or personal service companies who supply GP services (“Locums”) and to whom available shifts in their area can be automatically circulated.
We are not an employer, an employment agency or an employment business. The Surgeries are the potential employers and are responsible for compliance with all applicable employment and other related laws. We do not provide a recommendation or referral service for Locums, and we shall not be responsible for any engagement or employment decisions which result from use of our Service. Any engagement of a Locum by a Surgery is subject to and governed by any terms and conditions agreed between you. These Terms do not affect your rights in respect of such engagement as against each other.
For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Regulations”), we are not an employment agency or employment business and generally do not introduce or supply work-seekers to hirers or hirers to work-seekers.
It is recommended that both Locums and Surgeries undertake your own checks to ensure suitability for the available shifts advertised. Steps you could take may include:
For Locums: checking the Surgery’s registration and licencing, 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 Surgery considers necessary or are required by law or otherwise to undertake the available shift.
For Surgeries: checking the identity of the Locum and that they have the necessary and relevant experience, training, qualifications and authorisation required by law or otherwise for the available shifts and whether there are any requirements imposed by law or otherwise for you to meet to enable a Locum to take up an available shift.
IN PARTICULAR: Surgeries are solely responsible for obtaining from each Locum engaged, copies of relevant professional qualifications and/or licencing documentation together with at least two references and ensuring they are on an appropriate Performers List.
You are responsible for your own contractual arrangements for any fulfilment of available shifts. Surgeries are obliged to pay Locums for their services directly. Rates advertised by the Surgery on our Website are advertised gross of any necessary deductions. If you have an NHS pension, the payment rates are intended to include provision for pension contributions at the standard rate. If you have a pension with some other contribution rate meaning that you wish to vary the rate of pay, then Locums should negotiate directly with the Surgery. Invoicing facilities are available through the Website and Locums are obliged to complete the template with available shifts which they fulfil so that the Surgery can be charged for the advertisement of those available shifts which have been fulfilled.
- Registration and your Profile
If you require the use of our Service, please register an account through the Website (your “Profile”) to enable you to post, review and respond to available shifts. In creating a Profile you agree to be bound by these Terms.
It is your responsibility to keep all your information up to date and we shall not be liable for any errors or inaccuracies found on your Profile. All personal and professional information made available must be independently verified by Locums and Surgeries in respect of the other. By uploading information to your Profile you warrant that all information provided and contained on your Profile is, and continues to be, accurate, up to date and not misleading.
Each Profile is for the use of its registered user only and we recommend that you keep your registration and log in details safe and secure. We shall not accept liability for any breach of security in this regard. Should you allow a third party to access your Profile, advertise or respond to available shifts on your behalf, we shall not be liable for any direct or indirect loss or damage caused or incurred as a result.
Your Profile will require that you upload ‘essential documents’ before you are able to respond to available shifts. These documents include a copy of your Passport, Certificate of Completion Training, Medical Indemnity Insurance, GMC Registration and proof of inclusion on a Performers list. Upon booking, additional documents will be required from you which include a copy of your CV, other relevant certificates and references.
We request your bank details on registration for the purpose of inputting this information onto our automated invoicing system. Your bank details are not released to surgeries, save as for on our automated invoices to enable you to receive payment, or third parties. We refer you to our Data Protection statement at section 7 below.
As set out in section 3 above, it remains your sole responsibility to check, verify and obtain copies where necessary of the documents which are uploaded by a Locum you wish to engage.
- Additional Terms relating to Surgeries in respect of Contract Formation
The availability of our Service constitutes an offer which you accept upon registration on our Website. Upon such registration you agree that you will adhere to these Terms and pay to us the fee of £10 for each available shift which is fulfilled by a Locum registered respectively on the Website.
- Use of Our Service
Our Service may only be used by Surgeries advertising available shifts and Locums seeking to fulfil those available shifts. If there is any conflict or inconsistency between these Terms and any other contract you have with us, the terms of your contract will take precedence.
You agree to use the Website and our Service for lawful purposes only and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use. If your use of the Website, Service or any information contained therein is considered by us to be illegal, to constitute harassment or abuse or which is considered harmful, abusive, malicious threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive to another person or group, we reserve the right to terminate your use of the Website and/or Service.
Content from the Website may be downloaded and/or printed for your personal use only and may not be copied, reproduced or otherwise disseminated or miss-used. Furthermore, you shall not make use of the Website, Service and/or any information contained therein to promote any commercial interest of your own other than to fulfil the advertised shifts.
You shall indemnify us in respect of any direct or indirect loss we may suffer as breach by you of these Terms.
- Your Information
You are responsible for any information, content, messages or profiles (“Content”) that you submit, post or display on the Website, or communicate to other users of our Service. You will not post inaccurate, misleading, defamatory or false information onto the Website or send the same to any other user of our Service. You warrant to us that you have the right and authority to post all information you post about yourself or others on the Website. Furthermore, you acknowledge that we do not guarantee the accuracy or reliability of Content or any related communications posted by Locums or Surgeries.
We comply with the Data Protection Act 1988 in respect of personal and sensitive personal data which may be submitted by you to our Website.
- Surgeries: Advertising Available Shifts
You are solely responsible for the accuracy of available shifts posted onto the Website. Upon you posting an available shift, notification of that available shift will be sent to Locums registered to Our Service in the area that they specify they are available to work in (the ‘Area’).
Available shifts which are fulfilled by our registered Locums will be notified to us through the Locums use of our invoicing facility. You agree that you shall pay to us the sum of £10 per each available shift which is fulfilled by a Locum registered by us.
Should you wish to extend, renew or rebook a Locum for further available shifts you must post the available shift as above and it will be the Locum’s responsibility to respond to confirm their availability as below. Any bookings made outside the website between a Locum and Surgery will be considered a breach of these Terms and clause 10 below shall apply.
Surgeries can use the Website to find replacement Locums in the event of cancellation or a booked Locum failing to arrive. Cancellations will not incur any charge payable to us and we shall accept no liability for any Locum failing to fulfil an available shift as agreed with a Surgery.
- Locums: Confirming Availability
You are solely responsible for confirming your availability for an available shift on the Website. We are not an employer with respect to your use of our Service and have no responsibility for engagement or employment decisions made by a Surgery.
Notification of available shifts will be sent to you in accordance with your preferences as set on your User Profile.
You warrant and agree that each confirmation of your availability shall not contain inaccurate, false, or misleading information.
In the event that you agree terms with a Surgery to fulfil an available shift you must use the invoicing facility available on our Website to inform us and the Surgery as to the shifts you have fulfilled. We do not accept any liability for payments that may be outstanding between you and the Surgery.
- Cancellations between Surgery and Locum
Once a locum has confirmed availability and you have agreed that the available shift will be fulfilled, you will have facility to communicate with each other through our messaging system. It is your responsibility to agree contractual terms as to the fulfilment of the available shift and to contact each other as soon as possible if for any reason you are unable to keep to that contracted commitment. Please do not contact us in this instance, as the contract for the Locum services is between the Surgery and the Locum directly.
On cancellation between you, the Surgery must e-mail the accounts team on firstname.lastname@example.org to advise us of the cancellation, so that we do not chase you regarding non-completion of the invoice cycle.
Again, we remind you that it is your responsibility to ensure you do not double book sessions, and that you honour your commitment to each other party once a booking is confirmed. Any engagement between Surgery and Locum will be governed by terms agreed between you which we are not a party to, and any cancellation may cause you to incur liability in accordance with those terms.
- Engagement outside these Terms
By registering to use our Services you agree that any engagement between you will be conducted through our Website. We understand that from time to time Surgeries may have permanent or long term positions to be fulfilled. If as a Surgery, you would like to engage a Locum introduced to you through our Website on a longer term basis, we will release you from obligation to us in respect of that Locum on payment of an Introduction Fee of £1000. Surgeries agree that this fee is not a penalty in any respect.
Registered Locums and Surgeries must notify us of any engagement between them which is not arranged through the Website or within 6 months of termination of their Profile. Notification must be sent to us as soon as possible and in any event within 30 days of the commencement of that respective period of work. In such circumstances, the Introduction Fee of £1000 shall be payable by the Surgery to us within 30 days. Should the Surgery not pay the introduction fee on time, we reserve the right to recover this sum from the Surgery together with interest and our legal costs incurred in that recovery.
It is your sole responsibility to settle disputes between you.
We are not responsible for Content, the quality, safety or legality of the available shifts posted, the ability of Surgeries to offer shifts to Locums or the suitability of Locums for a particular available shift. We make no representations about any jobs, qualifications, or Content on the Website. While we reserve the right to remove Content, or other material from the Website from time to time, we do not assume any obligation to do so, and to the fullest extent permitted by law, we exclude any liability for failing to take any such action.
You agree that our Service is provided without warranty and we do not warrant or represent that our 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 our Service.
Any liability incurred by us shall be limited to direct and reasonably foreseeable loss or damage caused by our breach of these Terms. Furthermore, in no event shall we, or our employees or agents be liable for any loss of profits or indirect or consequential loss or damage arising under or in relation to these Terms (whether in contract, tort (including, without limitation, negligence) or otherwise) or in relation to loss or corruption of data.
Notwithstanding the above, our total liability (whether in contract, tort, negligence or otherwise) to you, for any loss or damage shall, be limited to £500.
Nothing in these Terms shall exclude or limit our 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.
You agree to indemnify us from and against any and all claims, losses, expenses or demands of liability, including legal fees and costs incurred by us in connection with any claim by a third party (including an intellectual property claim) arising out of the content you submit, post or transmit through the Website, or your use of the Website or our Service in violation of these Terms or in violation of any applicable law.
- Termination and Monitoring
We reserve the right to monitor use of our Website and Services. These Terms will remain in force for the duration of your registration as a user of the Website. We may terminate your use of our Services without reason upon giving you one month’s notice. We reserve the right to terminate your use of and access to the Website without notice in the event that you breach these Terms and/or in the event that you have not been an active user of the Website for a period of 12 months or more. You may withdraw your registration at any time.
If you are a Surgery and you withdraw your registration you agree and accept that you remain liable for any outstanding fees which you have incurred in engaging Locums for available shifts or in respect of liquidated damages in the event that you have engaged a registered Locum outside the Website.
If you are a Locum and you have not been an active user of the Website for a period of 3 months or more we reserve the right to exclude you from text alerts as to available shifts but without terminating your use and/or access to the Website.
If you are a Locum and we are notified that you have cancelled two or more shifts, we reserve the right to terminate your use and/or access to the Website.
- Privacy and Confidentiality
You agree that any and all personal information you provide to us may be collected, stored, processed and used in accordance with the Data Protection Act 1998. You further acknowledge and agree that neither you nor we may, during or after termination, without the prior written consent of the other, disclose to any other person any information which is identified as confidential or which is confidential by its nature.
If any of the terms and conditions in these Terms are found to be illegal, invalid or unenforceable, the rest of these terms and conditions shall remain in full force and effect.
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 us with respect to your use of our Service and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us.
These Terms are governed by the law of England and Wales and the courts of England and Wales re agreed to have exclusive jurisdiction over any dispute in connection with these Terms.