Terms and Conditions - Locum Finder

Locum Finder Terms and Conditions:
You must first agree to these Terms and Conditions in order to use our website Locum Finder. You may not use our website if you do not agree to these Terms and Conditions. You can agree to these Terms and Conditions either:

By using the website; or
By ticking to agree to these Terms where the option is made available to you.

Sometimes we may need to change these Terms. If we do, we will post the new Terms on our website, though we may not notify you directly. If you use our Website after we have changed our Terms, you will be deemed to have accepted the changes. You should always check the Terms before using our Website.
The use of the website by external recruitment agencies is strictly forbidden.
To be eligible to use our website you must be 18 years of age or older. You must not use our website if you are younger than this and you must agree that you are responsible for compliance with any applicable New Zealand laws.
Anyone using the website must not,

Display any content that is defamatory, offensive, abusive, indecent, sexually explicit, menacing or harassing or likely to cause damage or injury to any person or property
Infringe or misuse a third party’s intellectual property rights or confidential information
Expose any person to the risk of legal or administrative action including prosecution under any law
Results in the sending of a virus, worm, Trojan horse, trapdoor, software switch, time bomb, slicing routine, corruptive code, logic bomb, disabling code, disabling routine or expiration dates (as these words are generally understood within the technology industry) or any equivalent or similar corruptive mechanism
Use the website or services for any illegal purpose or which contravenes any law, code, standard or regulation
Impersonate another person or entity or otherwise mislead or deceive as to the registrant’s identity.

Status
Nothing in these Terms shall create or be deemed to create a partnership or the relationship of employer and employee between you and us. It is responsibility of any Pharmacy who engages the services of a Locum to either pay (or ensure that the Locum agrees to pay) any taxes and/or required insurance contributions which may from time to time be payable as a result of any services rendered by a Locum.
General
You may use the website for lawful purposes only and you shall not assign, transfer or sub-license any of your rights or obligations under these Terms, other than as expressly provided for in these Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under these Terms.
These Terms represent the entire agreement between you and us in relation to the subject matter of these Terms and neither of you nor us has relied upon any statement or representation made by the other in agreeing to enter this Agreement.
You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence).
We shall not be liable to you in the event that we are unable to perform any of our obligations under these Terms.
If any part of any provisions of these Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provisions and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
Failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights, nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.
By using our Site, you confirm that you accept these terms and conditions and that you agree to comply with them. If you find the Terms unacceptable, Locum Finder is not giving you permission to use the website and request that you leave this site immediately.
What is Locum Finder?
Locum Finder is an online platform used for connecting pharmacy locums and pharmacies in both retail and hospital pharmacies across New Zealand. The Website works as follows:

Pharmacy locums can register with the website
Pharmacies (pharmacy owners/managers) can register the pharmacy with the website
User (pharmacy locum and Pharmacies) will then receive an email used to register in order to use our website
If a Pharmacy has an available shift, they may automatically post a vacancy.
Pharmacy locums can lookup available shifts (Note that there is unlimited access to the website booking system, but only registered locums requests will be processed)
If a Locum wishes to provide the services, they can directly contact the pharmacy via “Apply Now”.

Though we highly encourage pharmacies to contact all locums on the list, it is the Pharmacy’s discretion to use the list and/or informing unsuccessful locums about the outcome of their application.
Our services are solely to act as a communications platform provider. As such, we do not endorse nor give any guarantees in respect of any Pharmacies or Locums.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITE (AND SERVICES) IS SOLELY AND ENTIRELY AT YOUR OWN RISK.
Using services on the Website
Registration
By registering on our website, you are representing, declaring and warranting that:

All details entered upon registering are true and correct;
You are not using a false name or impersonating anyone else;
You have the required authority and obtained all consents necessary to provide us with the Registration Details for use in accordance with our Terms.

Pharmacies (owners/Managers)
If you are registering on behalf of a Pharmacy, you are also representing and warranting that:

The Pharmacy is fully licensed and registered to lawfully provide pharmaceutical services; and
You are authorised to use the website on behalf of the Pharmacy;
That you are responsible for maintaining the confidentiality. Accordingly, you agree that you are solely responsible to us for all activities that occur under your registration, as determined, noted, or recorded by us.
That If you become aware of any unauthorised use of your registration, you agree to notify us immediately at: [email protected]
You acknowledge and agree that any information being provided to you is on a confidential basis and that you are only entitled to use the information to assess whether or not you would like to select a locum to provide services for the relevant shift. Unless required to do so by law, you are not entitled to, and you agree that you shall not use the information for any purposes other than as set out in this clause. In particular, you agree not to disclose any details of the Locum to any other pharmacies (whether or not affiliated with you) or any other businesses and you agree not to contact the locum for any purposes other than in connection with the relevant shift.

By submitting a request to post a shift, you are warranting and representing that:

All details in the request are accurate, complete and up to date;
You have all consents and authorization required at law to post a shift and to enter into an employment agreement or agreement for services (as may be relevant) with the successful Locum; and
By posting a shift and/or offering a shift to a locum, you will not be in breach of any employment legislation or other applicable legislation and/or any contractual terms.

We do not warrant the accuracy of the data provided by locums or accept any liability whatsoever for inaccuracies or omissions.
We accept no liability whatsoever if your request to post a shift is not processed for any reason and we accept no liability whatsoever if you do not receive any details of any locum for a particular shift.
We do not provide any guarantees relating to the Locum details supplied nor do we supervise the services provided by any Locum. To the fullest extent permitted by law, we exclude any liability for the acts and/or omissions of any Locum in connection with any Booking, including relating to any cancellation by, non-attendance of the Locum (save as expressly provided in these Terms). You acknowledge and agree that it is your responsibility to put in place such insurance as you may reasonably believe is necessary to protect you and/or any third parties from suffering any losses and/or damages in connection with the Booking.
Our Services are to act as a communications platform. You acknowledge and agree that it is your responsibility to carry out all checks which you feel are required before agreeing to receive services from a Locum.
You acknowledge and agree that any services provided by the Locum shall be on the basis of an employment agreement or agreement for services entered into between you and the Locum and that you shall solely liable to pay the Locum in accordance with the terms agreed with the Locum and to make any income tax payments, national insurance contributions and/or any other payments due by law in connection with the Booking.
Locums
Applying on the Website only means that your details will be sent to the pharmacy for consideration and it doesn’t mean or imply directly or indirectly anything else
If you are registering as a Locum, you are also representing and warranting that:

You are entitled to work in New Zealand;
You have obtained all necessary qualifications and membership of all and any necessary statutory or professional bodies to allow you to work;
You are not aware of any reason or reasons why you might not be suitable to act as a locum.
Agree to be contacted by email, telephone or SMS regarding shifts available through Locum Finder
You give permission to both Locum Finder and pharmacies (owners/managers) registered with Locum Finder to contact any referees listed in your CV and registration form.
You may update your Registration form from time to time by sending contacting us, either via [email protected] or Contact us on website.

By Applying to provide services in accordance with a posted shift, you are warranting and representing that:

You are available, able and willing to provide the services in accordance with the posted shift; and
You are not aware of any reasons why you would be unable to fill or prevented (whether at law or otherwise from filling) the booking in accordance with the posted shift; and
You are consenting to us sending your profile to the pharmacy which submitted the session notice.

We act as a communications platform. As such, you acknowledge and agree that (to the fullest extent permitted by law):

We do not endorse any pharmacies, nor do we provide any guarantees relating to any shifts. Any booking submitted by you is entirely at your sole risk;
Any contract of services or employment is between you and the pharmacy in question, we accept no liability whatsoever for the acts and/or omissions of the pharmacy nor for any breach of any agreement between you the pharmacy; and
That Locum Finder reserves the right to remove, suspend, block your registration or your event booking at their discretion without giving any notice
Any disputes which may be arising in respect of the services to be provided to a pharmacy are between you and the pharmacy and to the fullest amount permitted at law, we accept no liability whatsoever.
That Locum Finder gives no guarantee to you of the continued availability of any shift posted on the Site and will not be liable to you should the pharmacy have filled the vacancy at any time prior to removal of the shift from the Site.
Locum Finder gives no guarantee to you that every shift represents an actual vacancy.

Booking
Locum Finder is not the employer of any registrants of the website and holds no responsibility whatsoever over the actions of the registrant (locum and pharmacy) nor does the registrant (locum and pharmacy) have any authority to act for or on behalf of Locum Finder. Locum Finder accepts no liability whatsoever for the personal/professional conduct of the registrant (locum and pharmacy) connected through the website.
The website holds no responsibility whatsoever regarding wages and rates and they are to be arranged between employer/employee as per New Zealand laws prior to commencement of employment and this applies to all forms of employment.
In respect of the Booking, you as a pharmacy agree:

To comply with all applicable employment, health and safety and any other applicable legislation in respect of the locum;
To treat the locum with respect and provide safe working conditions for the locum and not to act in any manner (or authorise or allow any person connected with your pharmacy to act in any manner) which could reasonably be perceived to be threatening, bullying, harassing or intimidating; and
That any disputes which may arise in respect of the performance (or non-performance) of any services by a locum are solely between you and the locum and to the fullest extent permitted by law we accept no liability whatsoever in such circumstances.
You acknowledge and agree that any locum details which may be sent to you are only for the sole purpose of filling a particular shift. As such, you agree not to use it for any other purpose and to destroy all these details whether in electronic or printed format.

In respect of the Booking, you as a locum agree:

To act at all times in a professional manner;
Not to act in any way which could reasonably be considered to be intimidating, threatening, harassing or bullying; and to comply with all reasonable instructions of the pharmacy

Cancellations
Pharmacies may cancel a shift at any point until any locum’s details have been sent to the Pharmacy’s email. They can do so via sending a request to [email protected] with the following details:

Email Subject: “Request to Cancel “Name of Pharmacy” Shift”
Email Body: will include Pharmacy’s Name, username, District, Date and Time of the shift

The Pharmacy acknowledges and agrees that it is their sole responsibility to contact any locum they booked for a shift that has been modified or cancelled for any reason and that Locum Finder accepts no liability or responsibility whatsoever in such circumstances
The pharmacy acknowledges and agrees that any modification or cancellation made regarding a shift by any party at anytime is solely between the pharmacy and the locum and to the fullest extent permitted by law we accept no liability whatsoever in such circumstances
If a pharmacy is unable to offer the shift which has been arranged and confirmed between the pharmacy and the locum, the locum must be notified as soon as possible. The pharmacy acknowledges and agrees that any such cancellation or any failure to offer the shift may be recorded on the pharmacy’s registration and displayed to any locum applying to provide services.
Locums agree to honour shifts once they have been arranged and accepted between them and the pharmacy (manager/owner) and if for any reason a shift must be cancelled, altered or rescheduled they must give at least 48hrs notice to the pharmacy (owner/manager).
The locum acknowledges and agrees that any modification or cancellation made regarding a shift by any party at anytime is solely between the pharmacy and the locum and to the fullest extent permitted by law we accept no liability whatsoever in such circumstances
If a locum is unable to attend a shift which has been arranged and confirmed between the locum and the pharmacy, the pharmacy must be notified as soon as possible. The locum acknowledges and agrees that any such cancellation or any failure to complete the shift may be recorded on the locum’s profile and displayed to any Pharmacies to which it makes an application to provide services and might eventually lead to restricting access to website.
Feedback
Locum Finder encourages you to share your experience as we are committed to continuous service improvement. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. A registered user acknowledges, consents and agrees that;

Pharmacy experience rate may be made available to all website users when booking shifts
Locum experience rate may be sent to pharmacies upon booking a shift
You will not provide inaccurate, misleading or false rating

Privacy
All personal information that you supply to Locum Finder will be treated in accordance with our privacy policy. We will collect, hold and use your personal information in accordance with our privacy policy. For more information please see our privacy policy
Data Collection
In order to use our website service, you may be required to disclose to us Personal Data. If you do so disclose such Personal Data to us:

And that Personal Data relates to someone else, you warrant and represent to us that you have secured all consents and permissions, and have taken all actions necessary, as may be required by applicable law for the purposes of storage by us of any such data relating to third parties in the provision of our Website and use of the Personal Data in accordance with these Terms and our privacy policy; and
And that Personal Data relates to you, you consent to the use of such Personal Data in accordance with these Terms and our privacy policy.
You agree to comply with all relevant data protection legislation
You acknowledge, consent and agree that locum finder reserves the exclusive right and prerogative to retain, maintain, archive, protect, use or store any personal data or such information as we may receive from you, without regards as to time or duration.
Only using the Locum Data for the purposes of the Booking (and such other legal purposes as are strictly required by your business in order to comply with any applicable legislation) and for no other purposes whatsoever;
Implementing adequate security measures to protect the Locum Data from unauthorised access;
You acknowledge, consent and agree that your uploaded content will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content, , without regards as to time or duration
Notifying us immediately in the event of a data breach or any data related requests received by you in respect of any Locum Data held by you.
Complying with any data requests whether received by you or by us in respect of an individual whose data we have transferred to you; and

Intellectual Property
You acknowledge that we own or licence all legal rights, title and interest in and to our Website and our Services, including any intellectual property rights which subsist therein (whether those rights happen to be registered or not, and wherever in the world those right may exist) and that all intellectual property rights in the Services (including source code in our website) belong to and shall remain vested in us (or where relevant our licensors). Nothing in these Terms shall confer on you any right, title or interest in any intellectual property rights (except the rights of use set out in these Terms).
You agree not to use any of the trademarks, trade names, service marks, copyrights, logos, domain names, and/or other distinctive brand features belonging to us or any third party unless you have valid written permission to do so. You agree not to alter, remove or obscure any proprietary notices (including copyright and trademark notices) which may appear in or are held within our Website.
In the event that your use of our Website, if used in accordance with these Terms, infringes any intellectual property rights of a third party, we may, at our sole discretion and expense, replace or modify our Website so that it is no longer infringing or obtain for you the right to continue using our Website. This therefore constitutes your sole remedy in relation to any such infringement.
Limitation of liability and indemnity
Upon your use of our Website and/or our Services, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms and no advice or information, whether oral or written, obtained by you from us or any of our subsidiaries, affiliates, officials, employees or personnel, or through or from your use of our Website and/or Services shall create any warranty not expressly stated in these Terms.
While we will use every effort to ensure that our Website is available to you, you expressly understand that some of the functions of our Website rely on an internet connection being sustained and the appropriate equipment being maintained. As such, you expressly understand and so agree that your use of our Website is ‘as is’ and ‘as available’. In particular, we do not represent or warrant to you that:

Your use of our Website (including such use in conjunction with any other software) will meet your requirements, or that your use of our Website will be uninterrupted, timely, secure or free from error defects in the operation or functionality of our Website;
That defects in the operation or functionality of our Website will be corrected, rectified or remedied; and/or
Any information obtained by you as a result of your use of our Website will be accurate or reliable.

Any material downloaded or otherwise obtained from or accessed through your use of our Website is done so at your own discretion and risk, and you will be solely responsible for any damage, loss or prejudice to your computer system or other device or loss of data that result from the download or access of any such material.
You expressly understand and agree that we and our licensors shall not be liable to you for:

Any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of your use of our Website and/or its non-availability;
Loss of profit, business revenue, goodwill and anticipated savings;
Any trading or other losses which you may incur as a result of or reliance upon any content on our Website;
The deletion of, corruption of, or failure to store any content and other data maintained or transmitted by or through your use of our Website; or
Any effect which the use of our Website may have on any software you use.

If you are dissatisfied with the website, with any content on the website or with these terms and conditions then your sole and exclusive remedy is to discontinue using the website.
You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with your use of our Website and services. You also undertake at all times to mitigate any such damage or loss.
You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us, in connection with your use of our Website and services
If, notwithstanding other terms and conditions, a court of competent jurisdiction holds us (or any of our officers, employees or agents) liable in respect of any matter arising out of or incidental to your use of the website or these terms and conditions, whether that liability arose in tort (including negligence), contract, equity or on any other basis, the total aggregate liability will be limited to NZD$1.00.
Information Accuracy and liability
The appearance on the website of advertisements and product or service information does not constitute an endorsement by Locum Finder, and Locum Finder has not investigated the claims made by any advertiser and Locum Finder takes no responsibility whatsoever for any information contained in these advertisements.
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service contained on the Site are solely between you and such advertiser and Locum Finder takes no responsibility whatsoever for any of this.
Locum Finder website may link to other 3rd party websites. Locum Finder takes no responsibility whatsoever for any information contained in these 3rd party websites. The content, accuracy and opinions expressed in such websites are not necessarily checked, monitored or endorsed by Locum Finder. Linking to a third party website does not indicate any endorsement of that website, its content or any associated organizations.
You are solely responsible for any content and other material that you submit, publish, display or link to the website. You agree that by posting any content or other material to the site you grant us an irrevocable, royalty free, worldwide, perpetual license to use that content. Locum Finder accepts no liability whatsoever for guests’ blogs and we confirm that it is their own personal opinions and not those of Locum Finder.
Termination of this agreement
We may at any time disable your Registration, and/or terminate this Agreement, at our sole discretion, with you with no liability to you, if:

You materially breach, or we have grounds to suspect that you have materially breached any provision of these Terms (or act in a manner which we believe shows that you do not intend to, or are unable to comply with these Terms);
We are required to do so by law;
The provision of our Website to you or to others is, in our sole opinion, no longer commercially viable.
Adding posts or comments that breach the terms and conditions or registrants that display inappropriate behaviour.

Governing Law and jurisdiction
These terms and conditions are governed and construed in accordance with New Zealand law and when accessing this website, you accept the exclusive jurisdiction of the New Zealand