- Acceptance of this Agreement
This agreement (“Terms of Service” or “Agreement” or “Terms and Conditions”) is a contract between you and [Sharief Limited] if you are a user of www.locumbay.com, hereinafter referred to as “the Website” or “the Site”. The Site is offered to you based on the condition that you accept this Agreement. You are required to kindly review the terms and conditions or the terms of service set out below before using the Website. If you continue to use the Site after such time, this will signify your acceptance of this Agreement.
If you do not agree to any of these terms and conditions you should immediately cease to use this Website. Please note that we may close, suspend, or limit your access to your www.locumbay.com account or the Services provided by us on the Website (hereinafter referred to as “Services”) if you carry out activities which are in contravention of this Agreement.
- Services offered by Locumbay.com
Pharmacies in the United Kingdom must have a working pharmacist within their premises during its working hours, as a legal condition. When a pharmacist is off for sickness/holiday/etc., the Pharmacy must locate a suitable replacement to cover the shift where their regular pharmacist is not available. The pharmacist that works to cover shifts is referred to as a “locum.”
This Website will enable the pharmacy to post an advertisement for the vacancy, which requires a locum pharmacist. The locum can then accept the job on offer assuming they meet all the service criteria the pharmacy wishes them to fulfill. Once the job is accepted, the locum pharmacist is required to complete the job. Once this is done, the pharmacy must pay the pharmacist the fee as agreed on locumbay.com (however, please note that Locumbay.com does not hold any responsibility and hence cannot be held liable for any non-payment of fees by the Employer or non-completion of any job allotted to the locum, as elaborated in the terms to follow) and both parties can leave each other feedbacks on the Website. These feedbacks in turn will help both the parties to build each other’s reputation on the Website so as to be able to enter into better transactions in future.
- Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website uses cookie to monitor browsing preferences. If you do allow cookies to be used, we may store your contact details.
- Neither we nor any third parties will provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our website for any particular purpose. You acknowledge that such information may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
- It shall be your own responsibility to ensure that the services or information available through this website meet your specific requirements.
- This website contains materials which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
- Reproduction of such material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All the trademarks reproduced in this website, which are not a property of, or licensed to the Operator, are acknowledged.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- Every effort is made to keep the website up and running smoothly. However, www.locumbay.com takes no responsibility for the website being temporarily unavailable due to technical issues beyond our control.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United Kingdom.
- www.locumbay.com reserves the right to refuse any advertiser for any reason.
- The Users
The terms “You”, “Your”, “User”, or “Users” refer to anyone accessing our Services or the Website for any reason.
www.locumbay.com provides a platform to introduce Users who wish to provide professional services related to healthcare and pharmacies (“as Locums”) and Users who seek such professional services (hereinafter referred to as “Employers”) (respectively or jointly referred to as the "Parties" and individually as a "Party"). The Website enables Users/Parties to identify each other and work together online to agree for a fee, accept, complete and leave each other feedbacks on locumbay.com.
CONFIDENTIALITY AGREEMENT (The Agreement)
The Agreement is between the pharmacy and persons working (but not under a contract of employment) e.g. locum pharmacists or persons visiting the pharmacy who are likely to have access to areas of the pharmacy not generally accessible by members of the public.
The pharmacy is committed to protecting and maintaining the confidentiality of patients’ personal and sensitive personal data and the Agreement is a necessary and reasonable step for the pharmacy to ensure that any personal and sensitive personal data you may have access to during your time at the pharmacy is kept confidential.
Personal data means data which relate to a living individual who could be identified; this may include data such as name, age, address and personal circumstances. In the Pharmacy, this is likely to include sensitive personal data consisting of information as to a patient’s physical or mental health or condition or sexual life etc. Personal data and sensitive personal data may be known or stored on any medium. Photographs, videos, etc. are subject to the same requirements as data stored in health records, on a computer, or provided verbally.
Your attendance at the pharmacy is necessary as part of the Pharmacy Requirements/Pharmacy Contract and it is not reasonably practicable because of the nature of the role for the pharmacy to eliminate the possibility that you may have access to personal data and/or sensitive personal data that is not required as part of the role.
The pharmacy endeavours to take all reasonable steps to ensure you have access only to the portion of personal data and/or sensitive personal data reasonably necessary to perform your role as a Pharmacist. In order for the pharmacy to comply with its confidentiality obligations, we require you to agree to maintain the confidentiality of any personal and sensitive personal data that you have access to during your time at the pharmacy. The pharmacy in consideration of your assent to the Agreement shall permit you to enter the non-public part of the pharmacy, and discuss relevant matters for the purposes of the Pharmacist role.
- I agree that I will not at any point during my time at the pharmacy or at any point after the period of time at the pharmacy, disclose or use any personal data or sensitive personal data relating to patients, customers or employees of the pharmacy.
- I agree that I will not remove from the pharmacy premises any documents, either printed or electronic, which contain personal data or sensitive personal data.
- I understand that breach of this agreement may lead to [ Pharmacy name/Company name] no longer continuing with my agreed time in the pharmacy and may result in criminal prosecution or civil proceedings under data protection laws.
AMENDMENT OF THIS AGREEMENT
www.locumbay.com may amend or modify this Agreement in whole or in part from time to time, without notice (unless such prior notice is required by law), by posting an amended Agreement on the Website or any linked information. Such updated version of the Agreement will be effective at the time it is posted by us.
www.locumbay.com offers its services to its users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Website is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Website is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of www.locumbay.com's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorized use of their Account to us.
- Acceptable use
- You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Director’s express written consent.
- [You must not use this website to transmit or send unsolicited commercial communications.]
- [You must not use this website for any purposes related to marketing without Sharief limited’s express written consent.]
- Legal Relationship Between You and www.locumbay.com
- Relationship between Users
The parties to a project are the Locum, the Employer and www.locumbay.com. www.locumbay.com is a party to a project for purposes limited to (a) the provision of the virtual venue and hosting of the Site(s) to enable selection of Locums and projects, (b) provision of a process for Employers and Locums to provide each other feedbacks based on their respective performances.
Although www.locumbay.com provides a virtual environment for definition of projects and assessment of Locum suitability, each Locum and each Employer acknowledges and agrees that they are responsible to identify and subsequently make their own sole decision and/or determination on the suitability or otherwise (as applicable) of a Locum to perform or complete any project or of an Employer to provide funds during and/or on completion of any project and clarification on a project as required during the term of a project. www.locumbay.com has not investigated the suitability of any Locum for any project and the Employer acknowledges that it is its sole responsibility of the Employer to assess the ability of a Locum to satisfactorily complete a project and it is the sole responsibility of a Locum to make sure that he has been paid accordingly for the completion of his tasks. Locumbay.com does not hold any responsibility whatsoever in cases of non-completion of allotted tasks by locums or non-payment of fees by the Employers and hence shall not be held liable in any case whatsoever. The users are required to make their own decisions and resort to their own means for the resolution of their disputes.
Depending on their jurisdiction, Locums and Employers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this agreement is intended to override a right that by applicable law may not be excluded. However, to the maximum extent permitted by law, the liability of www.locumbay.com for any services it provides is limited to performing those services only, that is, of providing a platform to it’s users to enter into the above-mentioned transactions related to pharmaceutical jobs.
Upon the Employer awarding a project to a Locum and the Locum’s acceptance of a project on the Website, the Employer agrees to purchase, and the Locum agrees to deliver the Services in accordance with the following agreements: (1) this Agreement; and (2) any other contractual provisions accepted by both the Locum and Employer uploaded to the Site, to the extent not inconsistent with this Agreement; and (3) the project terms as awarded and accepted on the Website, to the extent not inconsistent with this Agreement. www.locumbay.com agrees to provide the venue and host the Site, including the hosting of the project.
Any provisions of a member contract in conflict with this Agreement are void.
- User Responsibilities
If another user (a Locum or an Employer) breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, Locumbay.com has no responsibility for enforcing any User rights and is not liable for any such breach of the rights of one user by the other.
- No Insurance
Locumbay.com does not offer any form of insurance to the Locum or to the Employer, which will assist you, because our Website merely provides the online venue for Users to offer, sell, and buy pharmaceutical services and we are not otherwise involved in the transactions and interactions between Employers and Locums.
Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.
- Independent Contractors
Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
- Intellectual property
The materials displayed on this website, including without limitation all graphic materials, and names, logos and trade marks, are the property of www.locumbay.com and are protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organization only provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of the Website Owner. The trademarks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of the Website Owner.
Save for the above, and unless expressly granted, the Website Owner does not grant any license or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the website or in the user interface of the website.
- External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
- Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
- Defame abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
- Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
- Post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
- Violate any copyright, trade mark, other applicable U.K. or international laws or intellectual property rights of the Website Owner or any other third party;
- Submit contents containing marketing or promotional material, which is intended to solicit business.
- User Restrictions
Users are prohibited from advertising a website on the Website. Any URL posted in a project description, or the message, must relate to a project on www.locumbay.com. An example of a permissible URL would be a User’s portfolio or resume page.
The Employer agrees that:
- The Employer is strictly forbidden from redistributing any of the content of the Website, including but not necessary limited to messages, documents, etc.
- The Employer will not use the Employer's Account to post false or misleading project descriptions.
- The Employer will not post project descriptions that, in the judgment and discretion of www.locumbay.com, are inappropriate to www.locumbay.com's audience and viewers.
- The Employer will not falsify the Employer's own or any other identity.
- The Employer will comply with all of www.locumbay.com's policies as posted on the Website from time to time.
- . Locum
The Locum agrees that:
- The Locum will not redistribute any of the content of the Website, including but not necessary limited to private messages, documents, etc.
- The Locum will not falsify the Locum’s own or any other identity.
- The Locum will comply with all www.locumbay.com policies as posted on the Website from time to time.
- Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The User is solely responsible for content or any other information the User provides to www.locumbay.com. User understands and agrees to the following:
- www.locumbay.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. www.locumbay.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for www.locumbay.com, harm its business operation or reputation, or cause www.locumbay.com to lose the services of its suppliers.
- Any and all content submitted to the Website is subject to the approval of the Site administrators. The Website reserves the right to reject, approve, or modify User-submitted content upon the discretion of the Website administrators. Evaluation of User-submitted content is based on certain quality guidelines.
These guidelines, that encompass all objectively quantifiable and aesthetic aspects of User-submitted content, are set solely by the Website and applied exclusively within the Site.
No copyrighted material can be posted on the Website. This includes scripts that are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. This is meant to protect the author's intellectual property rights.
- Registration and Processing of Your Personal Data
Your personal information will be processed by Www.locumbay.com in order to fulfill the agreement with you.. Your personal information may also be transferred between Www.locumbay.com and any associated entity within the Www.locumbay.com organization. By entering into this agreement, You hereby approve such processing of your personal information as set forth above, including processing of your personal identification number, and hereby give such consent as required by the U.K. Data Protection Act, 1998.
www.locumbay.com discloses sensitive personal information only if required to comply with legal obligations or with your consent.
IF YOU DO NOT COMPLETE ACCOUNT VERIFICATION WHEN REQUESTED WITHIN 12 MONTHS OF THE DATE OF REQUEST, YOUR ACCOUNT MAY BE SUBJECT TO TERMINATION.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
- Disclaimer of Liability
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
- Use of the Website
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than U.K.). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
- Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Any express tacit shall bind neither you nor the Website Owner nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
- Feedback, Reputation and Reviews
By using the Website, you acknowledge that you transfer copyright of the feedback, reputation and reviews you leave (whether a “Employer” or “Locum”), consisting of comments or any sort of rating together with a composite rating by www.locumbay.com (“Feedback”). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Website while you remain a member. You may not use it or deal with it in any way inconsistent with Www.locumbay.com's policies as posted on the Website from time to time, without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Locum feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to a Locum.
www.locumbay.com’s feedback ratings belong to us and may not be used for any purpose other than facilitating the exchange of services between Users of the Website . You may not use your Locum feedback (including, but not limited to, marketing or exporting your composite rating or feedback comments) in any real or virtual venue other than a website operated by www.locumbay.com or its related companies without our written permission.
By accepting a shift you are entering an agreement. All cancellations must be made two weeks prior to the shift date. If a Locum fails to complete a shift the Pharmacy Company have the right to request "100%" full payment from yourself "the locum" or the difference in fees if they are able to find a suitable replacement.
- Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of U.K. without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
- Third party websites
The Www.locumbay.com Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, the Website Owner does not control, endorse, sponsor or approve any such third party websites or their content nor does www.locumbay.com provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
- Comments or Questions
The workshop content and materials remain the copyright of www.locumbay.com. Unauthorized copying or redistribution of the website materials is prohibited unless agreed in advance in writing by Www.locumbay.com.
Your rights under this Agreement are not property rights and may not be transferred to third parties. You are not authorized to resell any participant places to any external or third parties without the prior written agreement of Underscore.
This Agreement may not be amended except in a writing signed by both parties.
- Force Majeure
www.locumbay.com shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of God, or any causes beyond the reasonable control of the underscore.
All notices requests, demands, waivers and other communications under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or by facsimile transmission or electronic mail or mailed (certified or registered mail, postage prepaid) to:
Unit 18, Bold Industrial Park,
Neills Rd, St Helens
Phone number: 01744 813306
- Your Contact Details
www.locumbay.com will use the contact and participant details you provide during the registration process to provide you with further details regarding your placed order. We may also include you on our mailing list, which we use to contact you from time to time with information on our other products and services. You can unsubscribe from the mailing list at any time. We will never provide your details to a third party without your prior consent.
- License to use this website
- Unless otherwise stated, we or our licensors own the intellectual property rights in the website and all the material on the website. Subject to the license below, all these intellectual property rights are reserved.
- You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below, and elsewhere in these terms and conditions.
- You must not:
- Republish material from the website without the permission of www.locumbay.com, including representation on another website, except for the content specifically and expressly made available for redistribution;
- Sell, rent or sub-license material from the website;
- Show any material from the website in public, without accreditation of the source;
- Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- Edit or otherwise modify any material on the website.
- The terms and conditions and details in this document represent a complete statement of the agreement between the parties and supersede all prior discussions, correspondence and representations.
- Our brochures and advertisements are for information purposes only and are not intended to form any agreement between Www.locumbay.com and the recipient.
- These terms and conditions are subject to change without notice and changes will apply to any order received after the date of the change.
- These terms and conditions may not be varied except in a written agreement signed by an officer of www.locumbay.com.
- If any provision herein is held to be invalid illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired.
- This agreement shall be governed by and interpreted in accordance with the laws of U.K.
- Our details
The full name of our company is Sharief Limited.
Our office address is Unit 18, Bold Industrial Park, Neills Rd, St Helens WA9 4TU.
You can contact us by emailing us to: email@example.com
- Our details
If you have any queries about these Terms and Conditions or if you wish to report violations of these Terms and Conditions, please contact firstname.lastname@example.org