Terms and Conditions

This document sets out the terms and conditions (“terms”) on which Matin Technologies Limited (“we”, “us” or “our”, “The Locum Market”) provides access to The Locum Market platform and other services available at the www.thelocummarket.com website (“platform”) to locum doctors, general practitioner practices and approved recruitment agencies (“you” or “your”).

Please read these terms carefully before using the services. you acknowledge that by using the services offered by us, you agree to be bound by these terms. If you do not accept these terms, you will not be able to use the services offered by us.

If you are accepting these terms on behalf of a user company or organisation, that company or organisation will be bound by these terms. You warrant and represent that you have full capacity and authority to enter into this agreement for and on behalf of the relevant company or organisation. The same rights, limitations and restrictions apply to your employer. You agree that these terms are enforceable as if they were a written negotiated agreement signed by your employer.

These terms may be subject to change, and accordingly you are advised to refer back to these terms from time to time and before registering with the platform.

The general conditions under section a shall be applicable to all users of the platform.

If you are acting on the behalf of a “practice”, section b shall apply in addition to the general conditions.

If you are a “locum”, section c shall apply in addition to the general conditions.

If you are acting on the behalf of an “agency”, section d shall apply in addition to the general conditions.

You are advised to print and retain a copy of these terms for your future reference.

Important Notice: The Locum Market provides an online platform where doctors, practices and agencies can request or offer to provide general practitioner locum services. The Locum Market does not itself provide any medical or other healthcare services. All services are the sole responsibility of the Users and shall be provided on terms and conditions agreed between the Users. The Locum Market is not a party to those terms and conditions, and the Users will each be separately responsible and liable to one another directly.

SECTION A: GENERAL CONDITIONS

1. DEFINITIONS

The following words and expressions shall have the following meanings:

“Account” means the account set up when you register your details on the Platform;

“Agency” means a recruitment agency providing locums to GP practices or medical centres for temporary cover of medical services, which is registered to use the Platform;

“App” means any mobile application created by us for the use of any of our Services;

“Contract” means the contract between Matin Technologies Limited (referred to in these Terms as “The Locum Market”) and you regarding your access to the Platform and use of the Services and which incorporates these Terms;

“Intellectual Property Rights” means all intellectual property rights including without limitation, patents, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;

“Locum” means a doctor providing general practitioner services in a temporary capacity, who is registered to use the Platform;

“Login Details” means the usernames and passwords used by you to access certain functionalities of the Website;

“Network” means the electronic communications network used by us to provide the Services;

“Practice” means a GP practice providing medical services to a locality, which is registered to use the Platform;

“Privacy Statement” means such policy in relation to data protection and privacy as is displayed on the Platform from time to time;

"Profile" means information, including without limitation, the name, address and company details (where applicable) relating to you (which may or may not be fully accessible by other Users) held by The Locum Market and published on the Platform;

“Purpose” means to copy, display, distribute, sub-licence, host, retain for archiving purposes, publish for The Locum Market’s own business purposes, including but not limited to purposes in respect of the Services and/or the Platform;

“Quarter” means each 3 month period commencing on 1st January, 1st April, 1 July and 1st October;

“Session” means the agreed pre-contract details of an engagement relating to the provision of locum services between Users including the start time, end time, fee rates and any additional requirements specified and agreed to by you with other Users through the Platform;

“Service Fee” means the fee payable by a Practice or Agency to The Locum Market for each Session agreed to via the Platform as set out on the Platform from time to time;

“Services” means the services made available by The Locum Market to you through the Platform;

“User” means any Locum, an authorised representative of a Practice or an authorised representative of an Agency with an Account;

"User Material" means information and materials submitted and/or posted by you to the Platform;

“Visitor” means a visitor to the Platform who has not registered as a User.

Where the context permits, words denoting:

persons shall include bodies corporate and unincorporated associations of persons;
the singular includes the plural and vice versa; and
one gender shall include any gender.

2. INFORMATION ABOUT THE LOCUM MARKET

2.1 The Platform (and its domain name) is owned and managed by Matin Technologies Limited and/or its licensors.

2.2 Matin Technologies Limited is registered in England and Wales under company number 07571921 and with our registered office at Matin Technologies Limited, 64 Southwark Bridge Road, London, SE1 0AS.

2.3 The Locum Market may be contacted by email at [email protected] and by writing to Matin Technologies Limited, 64 Southwark Bridge Road, London, SE1 0AS.

3. ACCESS TO THE SERVICE

3.1 By registering your details with us as a User, you warrant that:

3.1.1 where you are an individual, you are at least eighteen (18) years old; and

3.1.2 you are legally capable of entering into binding contracts.

We have no obligation to accept your application to register and may reject any Visitor, or stop them from registering, in our sole discretion.

3.2 By using the Platform, you warrant that you have the right, authority and capacity, in respect of your status as a User, to enter into and be bound by these Terms.

3.3 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for any reason whatsoever to accept or reject your application to register as a User.

3.4 For the avoidance of doubt, The Locum Market and the Platform do not:

3.4.1 confirm whether Sessions between Users will be fulfilled or issue reminders to Users in relation to previously agreed Sessions. It is up to the Users to make any necessary final checks and to take responsibility for any cancellation of Sessions;

3.4.2 verify the accuracy, submission and payment of invoices issued by a Locum or Agency. This responsibility rests solely with the Locum or Agency issuing the invoice and on the Practice receiving such an invoice;

3.4.3 make any payments on the behalf of any User;

3.4.4 provide any advice whatsoever, whether financial, medical or otherwise; and

3.4.5 take any responsibility for disputes between the Users.

4. REGISTRATION

4.1 In order to become a User, you will need to complete the online registration form and set up an Account. As part of the registration process, you must indicate whether you are a Locum, Practice or Agency.

4.2 By registering your details and setting up an Account you consent to us conducting verification and security procedures in respect of the information provided by you (although we are under no obligation to do so).

4.3 You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information.

4.4 Where your registration as a User has been accepted, we will provide you with Login Details to access certain features and functionalities of The Locum Market. You shall keep your Login Details confidential and secure. Without prejudice to our other rights and remedies, we reserve the right to promptly disable your Login Details and suspend your access to the Platform (in part or in whole) in accordance with clause 11 if we have reason to believe that you have breached this clause 4.4.

5. OUR OBLIGATIONS TO YOU

5.1 Our ability to provide the Services and the availability of the Platform may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system and the number of other Users logging onto the Platform, server and Network at the same time.

5.2 The Locum Market relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Platform and the content therein and the Services available to you. Whilst The Locum Market takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that The Locum Market does not warrant that the Platform shall be uninterrupted or fault-free at all times. The Locum Market therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and Platform as a result of The Locum Market’s service providers.

5.3 The Locum Market reserves the right to make changes to the Services and/or the Platform or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Services.

5.4 The Locum Market shall be entitled at its own discretion to suspend the Platform (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Platform, including but not limited to preventing you from providing or obtaining locum services, or using any of the Services available on the Platform.

5.5 The Locum Market also reserves the right from time to time to monitor your use of the Platform and/or Services.

6. YOUR OBLIGATIONS TO US

6.1 You shall comply with all applicable laws, regulations, directives and legislations which apply to your use of the Platform.

6.2 You hereby warrant and undertake to us that you have the legal capacity to enter into these Terms and you shall at all times:

6.2.1 not use your Login Details with the intent of impersonating another person;

6.2.2 not allow any other person to use your Login Details;

6.2.3 not use the information presented on or obtained using the Platform or derived from the Services for any purposes other than those expressly set out in these Terms;

6.2.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the Network;

6.2.5 comply with instructions issued by The Locum Market (or its employees or representatives) from time to time relating to the Platform and/or Services;

6.2.6 co-operate with reasonable security or other checks or requests for information made by The Locum Market from time to time;

6.2.7 not use the Platform and/or Services or do anything that will infringe any Intellectual Property Rights or other rights of any third parties;

6.2.8 not use any information obtained using the Platform and/or the Services otherwise than in accordance with these Terms;

6.2.9 contact our customer services immediately by contacting us via email at [email protected] if you suspect fraudulent, unlawful or illegal use of the Platform and/or the Services;

6.2.10 notify The Locum Market immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed;

6.2.11 use the information retrieved from the Services and/or the Platform at your own risk and that you shall be solely responsible for any illegal conduct, infringement of any third party Intellectual Property Rights and/or any breaches in any applicable laws and legislations;

6.2.12 not harass any other User or collect or store any personally identifiable information about any other User other than for purposes of transacting as a User;

6.2.13 not interfere with or damage the Platform and/or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

6.2.14 not use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Platform and/or Services; and

6.2.15 not do anything which involves the transmission of junk mail, chain letters, unsolicited mass mailing, instant messaging, “spimming” or “spamming”.

6.3 For the avoidance of doubt, as a User, you shall at all times be fully liable for the breach of any of these Terms by a third party using your Login Details to access the Services.

6.4 The Locum Market reserves the right to suspend or terminate your Account immediately if we believe, in our sole judgement, that you are persistently abusing your access to the Platform, such as (but not limited to) non-payment of invoices to The Locum Market or repeated cancellation of Sessions or falsification of documents.

6.5 The Locum Market reserves the right, at its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the terms set out in this clause 6.

7. USER MATERIAL

7.1 You undertake not to submit User Material of whatsoever nature on the Platform which is or may be construed to:

7.1.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

7.1.2 harass or advocate harassment of another person;

7.1.3 display pornographic or sexually explicit material of any kind;

7.1.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;

7.1.5 promote any illegal activities including but not limited to violating someone else’s privacy or providing or creating computer viruses;

7.1.6 infringe the rights (including the Intellectual Property Rights) of any third party; and

7.1.7 solicit a password or any other personally identifying information from other Users of the Platform and/or Services for unlawful and illegal purposes.

7.2 The Locum Market has the sole and absolute discretion to modify, edit, vary, or re-format User Material on its Platform.

7.3 We do not vet or verify any User Material submitted and/or provided by you through the Platform or otherwise to determine whether it may result in any liability to any third party. If you feel that any User Material submitted by another User is objectionable, please contact The Locum Market at [email protected]. The Locum Market shall use its reasonable endeavours to review the relevant User Material as soon as it is practicable and shall take such action as it deems necessary, if any at all.

8. INTERACTIONS WITH OTHER USERS

8.1 The Platform is designed to connect Users and facilitate the provision of locum services.

8.2 You acknowledge and agree that we only provide you with the Services and the Platform. You understand that we are not involved or a participant, in any way, in respect of any contact, meetings (face-to-face or otherwise), negotiations, transactions or contracts between Users.

8.3 You acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of your relationship with other Users. We recommend that you take all reasonable care when negotiating, entering into contracts and/or arrangements for locum services with any other User. The Locum Market cannot be held liable for any liability arising out of such contracts and/or arrangements.

8.4 You acknowledge that we do not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any Users. The Locum Market is under no obligation to conduct background checks on Users and we are not able to verify User Material. All User Material is provided to you “as is” and you agree that any use made of such User Material shall be strictly at your own risk. We recommend that you do not rely solely on such User Material in making or refraining from making a decision or to embark on a specific course of action.

8.5 We do not guarantee or warrant that you will receive enquiries, responses or otherwise generate business as a result of the Platform, or achieve any result whatsoever through your use of the Platform.

8.6 You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with, other Users.

9. INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS

9.1 Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from The Locum Market to you, any Intellectual Property Rights in the Platform and the App owned by and/or licensed to The Locum Market and all such Intellectual Property Rights will remain exclusively with The Locum Market and/or its licensors.

9.2 Where you have been permitted to use The Locum Market’s App, The Locum Market hereby grants to you a non-exclusive, non-transferable, terminable licence to download, install and use the App on your mobile device for the purpose of benefiting from those services made available by The Locum Market through the App. You acknowledge that some Services offered on the Platform may not be available through the App. Except as expressly permitted in these Terms, you shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or your right to use the App; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to The Locum Market and/or its licensors contained within the App.

9.3 Unless otherwise expressly set out to the contrary, all Intellectual Property Rights in the User Material shall remain exclusively with you and/or your licensors.

9.4 You are expressly prohibited from:

9.4.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Platform;

9.4.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to The Locum Market; and

9.4.3 doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Platform and/or Service or could be considered an infringement of any of the Intellectual Property Rights owned and/or licensed to The Locum Market without first obtaining the written permission of the owner of such Intellectual Property Rights.

9.5 You warrant and represent that you own or are licensed to use any and all copyright and other intellectual property rights in all the User Material that you submit to the Platform as part of your use of the Services.

10. LICENCE

10.1 Subject to these Terms, you hereby grant The Locum Market a non-exclusive, perpetual, irrevocable, non-terminable, transferable, sub-licensable and royalty-free licence to:

10.1.1 use the Intellectual Property Rights owned by and/or licensed to you in the User Material for the Purpose; and

10.1.2 at its sole discretion, choose to display or to remove any User Material or any part of the same that you make available on the Platform.

10.2 You hereby unconditionally and irrevocably waive all moral rights attaching to the User Material pursuant to Chapter IV of Part I of the Copyright, Design and Patents Act 1988 and any similar or corresponding rights.

10.3 You hereby agree that The Locum Market may:

10.3.1 upon obtaining prior consent from you (such consent not to be unreasonably withheld), refer to you in any of its marketing material as a customer of The Locum Market and refer to the type of services that The Locum Market has provided to you; and

10.3.2 use any of your trademarks and/or logos in The Locum Market marketing and publicity materials for its publicity and marketing purposes.

10.4 You hereby indemnify and shall keep The Locum Market indemnified against all losses, liabilities, costs and expenses (including without limitation legal costs) suffered or incurred by The Locum Market arising from or in connection with any infringement of any third party Intellectual Property Rights arising out of or in connection with The Locum Market’s use and/or possession of the User Material for the Purpose.

11. TERM AND TERMINATION

11.1 Subject to clause 11.2, 11.3 and 11.4 and unless otherwise expressly set out to the contrary in these Terms, our Contract with you shall remain in force for the duration of your registration with us and such Contract shall be effective and in force until terminated by either party in accordance with this clause 11.

11.2 The Locum Market reserves the right to terminate your Contract at any time and for any reason without any prior notice to you.

11.3 You may terminate your Contract without cause on the provision of not less than 30 days written notice to us. In such event:

11.3.1 you shall fulfil all Sessions made on or before the date of termination;

11.3.2 you shall cease all use of the Platform on the date of termination; and

11.3.3 all rights granted to you hereunder shall cease on the date of termination.

11.4 The Locum Market reserves the right to suspend and/or terminate your access to the Platform and/or the Services immediately without prior notice if:

11.4.1 the Network owner ceases to make the Network available to us;

11.4.2 we believe that you and/or someone using your Login Details has failed to comply with one or more of these Terms;

11.4.3 we believe that there has been fraudulent use, misuse or abuse of the Platform and/or the Service, including any breach of clause 6.2 and/or 7.1;

11.4.4 we believe that you have provided us with false, inaccurate or misleading information in respect of your registration and/or use of the Platform and/or the Service; or

11.4.5 there has been no activity on your Account in excess of sixty (60) days. The Locum Market may preserve your data if, at our sole discretion, we believe there is a reasonable likelihood of you resuming use of the Platform.

11.5 For the avoidance of doubt, if your Services have been terminated by us in accordance with these Terms, your access to the Services (in whole or in part) shall cease.

12. EXCLUSION OF WARRANTIES AND LIABILITIES

12.1 Unless expressly provided to the contrary in these Terms and to the maximum extent permitted by law, The Locum Market excludes all representations, warranties, conditions, obligations and liabilities in connection with the information provided through the use of the Service and/or the Website, including but not limited to warranties of satisfactory quality, fitness for a particular purpose or otherwise.

12.2 Subject to clauses 12.6 and 12.7, if The Locum Market fails to comply with these Terms, The Locum Market shall be entitled to be given reasonable opportunity to rectify any errors and to re-perform its obligations hereunder.

12.3 All information published on the Platform and/or made available through the Services including without limitation the User Material, is intended as information only and does not in any way constitute advice of any nature. The Locum Market does not warrant or guarantee the accuracy, completeness, correctness, reliability or suitability in respect of any User Material or any other information made available to you through your use of the Platform and/or Services. If you so intend to use and/or rely upon any User Material, or any other information made available to you through your use of the Platform and/or Services, you do so at your own risk and liability.

12.4 Links to third party websites may from time to time appear on the Platform. Such third party websites are not the responsibility of The Locum Market and The Locum Market accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.

12.5 Subject to clause 12.6, our maximum aggregate liability to you whether arising in contract, tort (including negligence) or otherwise, shall not exceed the sum equivalent to any total Service Fees received by The Locum Market from you in the twelve (12) months preceding the event giving rise to liability.

12.6 We do not exclude or limit in any way our liability for:

12.6.1 death or personal injury caused by our negligence;

12.6.2 fraud or fraudulent misrepresentation;

12.7 We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

12.7.1 any loss of profits, sales, business, business benefits, or revenue;

12.7.2 loss or corruption of data, information or software;

12.7.3 loss of business opportunity or expectations;

12.7.4 loss of contracts;

12.7.5 loss of savings or anticipated savings, interest or production;

12.7.6 loss of marketing and/or public relations time and/or opportunities;

12.7.7 loss of goodwill and/or reputation;

12.7.8 loss of management or office time; or

12.7.9 any indirect, special or consequential losses howsoever arising, and including, without limitation, any loss in respect of which you have notified The Locum Market may be incurred.

13. PRIVACY STATEMENT

The Locum Market enforce a strict privacy policy which is available by clicking here. The terms of the Privacy Statement form part of these Terms and you agree to be bound by them.

14. FORCE MAJEURE

14.1 The Locum Market will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by an Event Outside Our Control.

14.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Contract:

14.3.1 The Locum Market will contact you as soon as reasonably possible to notify you; and

14.3.2 our obligations under this Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

15. DISPUTES AND COMPLAINTS

15.1 In the event that you have a dispute with another User, you hereby release The Locum Market from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.

15.2 If you have any complaints in relation to another User, we would advise in the first instance to discuss this with that User. In the event that such discussions do not result in a resolution to the complaint, you may contact The Locum Market at [email protected]. The Locum Market will use its reasonable endeavours to respond to any such complaints within a reasonable time, and take reasonable action which we deem appropriate to resolve or rectify the subject matter of such complaints.

15.3 If you have reason to believe that any of the Terms herein have been breached or you have a complaint to make in relation to the Platform, please e-mail The Locum Market at: [email protected]. All notification and communication to The Locum Market should be sent to the contact details provided herein.

16. GENERAL

16.1 If The Locum Market fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.

16.2 No waiver by The Locum Market of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

16.3 For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.

16.4 No delay in exercising or non-exercise by you and/or The Locum Market of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or The Locum Market’s rights. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

16.5 If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

16.6 These Terms and any document expressly referred to in them represent the entire agreement between you and The Locum Market in respect of your use of the Platform, and shall supersede any prior agreement, understanding or arrangement between you and The Locum Market, whether oral or in writing.

16.7 You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Platform, the internet or in negotiation between you and The Locum Market except as expressly set out in these Terms.

16.8 The Locum Market may alter or amend these Terms by giving reasonable notice on the Platform or in writing to you (including via email). By continuing to use the Services and/or the Platform after expiry of the notice period, you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your Contract with us, you may do so by giving The Locum Market notice of termination, with such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.

16.9 These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms.

16.10 These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.

SECTION B: PRACTICE ADDITIONAL CONDITIONS

1. SCOPE

If you are a Practice and wish to use the Platform, you may do so in accordance with the terms of Section A and this Section B.

2. ELIGIBILITY

2.1 Registration for and use of the Platform to view information about and communicate with a Locum is offered only to partners and staff of a Practice. By registering on to and using the Platform as a “Practice”, you warrant that you are and will continue to be a UK registered GP practice or medical centre consisting of a GMC-registered doctor or group of GMC-registered doctors with a licence to practise medicine in the UK.

2.2 You agree that The Locum Market may, at its discretion, check the validity of your registration details. You agree that if you provide false or unverifiable registration details, The Locum Market may reject your application or (if you have been granted an account as a User) immediately terminate your Account and block your access to the Platform.

1. SCOPE OF USE OF THE PLATFORM

3.1 As a Practice, the Services available will be as described by us on the Platform from time to time, but the key features include the ability to:

3.1.1 create a Profile which will be displayed on the Platform;

3.1.2 appoint Regular Locums, as defined in clause 4 of this Section B;

3.1.3 publish requirements in relation to a proposed Session;

3.1.4 access information on local and national rates for GP locum services based on an anonymised average of rates (offered by Locums/Agencies, requested by Practices/Agencies and agreed to by Users) as collected from Users by The Locum Market and displayed by us in graphical form for Users to access - this Service (initially based on beta user data) is provided for information only and does not purport to set rates, which are to be agreed between the parties to a Session;

3.1.5 arrange a Session subject to contract (to be agreed to between you and other Users separately from the Platform);

3.1.6 diarise Accepted Sessions using the Platform’s online calendar facility;

3.1.7 access the Services via an App; and

3.1.8 access other features of the Platform which may be provided by The Locum Market from time to time.

2. APPOINTING A REGULAR LOCUM

4.1 For the purpose of this clause 4 of Section B, “Regular Locum” means a designation selected by you for up to two Locums registered as Users on the Platform which either: (i) you have a regular, pre-existing (i.e. pre use of the Platform) relationship; or (ii) meet the criteria specified in clause 4.2 of this Section B.

4.2 No Service Fee is payable in the event that the Session is with your Regular Locum. If the Session is not with your Regular Locum but the Locum has completed more than 30 Sessions for you via the Platform, you may designate such Locum via the Platform as one of your two Regular Locums, in which case, no Service Fee will be chargeable.

3. SERVICE FEE

5.1 Subject to clause 5.2 of this section B, you shall pay a Service Fee to The Locum Market for each Session you agree with a Locum. For the purposes of this clause 5.1, a Session is agreed and the Service Fee becomes payable once a Locum has clicked “agree” to a proposed Session within the Platform and you have received an e-mail from us confirming the Locum’s acceptance of the proposed Session (“Accepted Session”). Service Fees are non-refundable, even in the event an Accepted Session is cancelled and regardless of the reasons for the cancellation.

5.2 In relation to Accepted Sessions, you shall be deemed to have entered into a separate contract whereby you have agreed to pay for, and the Locum has agreed to provide, the Accepted Session. The contract for the Accepted Session is binding on you and the Locum alone. Under no circumstances are we a party to any such contract, and we make no representation or give any warranty whatsoever regarding either you or the Locum or the performance of the contract.

5.3 We issue invoices monthly in arrears for all Service Fees incurred by you during the applicable calendar month, provided the Service Fees due total £10 or more. Where the Service Fees due total less than £10, the Service Fees shall be rolled over to the next calendar month. Service Fees shall continue to be rolled over should the amount continue to total less than £10 until the end of the applicable Quarter, whereupon the Service Fees shall be invoiced regardless of the amount due.

5.4 You agree to pay the Service Fee to The Locum Market within seven (7) days of our issuance of an invoice to you.

5.5 The Locum Market reserves the right to change the Service Fee without prior notice.

4. GENERAL

6.1 The Locum Market provide the Platform solely as a means of connecting you with Locums and Agencies. You agree that it is your responsibility to fulfil any contract you have entered into with a Locum or Agency in relation to an Accepted Session agreed on the Platform. It is your responsibility to inform the Locum or Agency if you intend to cancel an Accepted Session.

6.2 The Locum Market uses all reasonable endeavours to verify the identity, credentials and qualifications of Locums, but does not warrant, represent or guarantee the currentness, completeness, accuracy or validity of a Locum’s Profile or any information provided by a Locum to you.

6.3 You acknowledge that The Locum Market has no control of and therefore no liability whatsoever in respect of the behaviour, response and quality of the Locums on the Platform.

SECTION C: LOCUM ADDITIONAL CONDITIONS

1. SCOPE

If you are a Locum and wish to use the Platform, you may do so in accordance with the terms of Section A and this Section C.

2. ELIGIBILITY

2.1 By registering on to the Platform and holding an Account, you warrant that you are and will continue to be registered with the General Medical Council (“GMC”), you hold and will continue to hold a licence to practise medicine in the UK and there is nothing preventing you from practising as a general medical practitioner in the UK.

2.2 You agree that The Locum Market may, at its discretion, check the validity of your registration details. You agree that if you provide false or unverifiable GMC registration details or other information, The Locum Market may reject your application or (if you have been granted an Account as a User) immediately terminate your Account and block your access to the Platform.

3. SCOPE OF USE FOR THE PLATFORM

3.1 As a Locum, the Services available will be as described by us on the Platform from time to time, but the key features include the ability to:

3.1.1 create a Profile which will be displayed on the Platform;

3.1.2 review requirements published by a Practice/Agency in relation to a proposed Session in addition to the ability to publish the Locum’s own requirements;

3.1.3 access information on local and national rates for GP locum services based on an anonymised average of rates (offered by Locums/Agencies, requested by Practices/Agencies and agreed to by Users) as collected from Users by The Locum Market and displayed by us in graphical form for Users to access - this Service (initially based on beta user data) is provided for information only and does not purport to set rates, which are to be agreed between the parties to a Session;

3.1.4 arrange a Session subject to contract (the contract and the terms thereto to be agreed with the Practice/Agency independently from the Platform);

3.1.5 diarise Accepted Sessions using the Platform’s online calendar facility;

3.1.6 access the Platform’s automated invoicing system in order to edit and submit invoices;

3.1.7 access the Services via an App; and

3.1.8 access other features of the Platform which may be provided by The Locum Market from time to time.

4. ACCEPTING SESSIONS

4.1 Prior to agreeing a Session with a Practice, you are responsible for:

4.1.1 ascertaining the identity of the Practice;

4.1.2 verifying the fees payable to you for the applicable Session;

4.1.3 ensuring you have sufficient information relating to the details of the Session (i.e. dates and times) and any other terms that may apply, such as cancellation procedures.

4.2 If you are offered a Session through the Platform, you may accept the Session by clicking “agree” in the applicable area of the Platform. Following your communication that you agree to the Session and you have received an e-mail from us confirming that the Practice or Agency (as applicable) has agreed to the Session (“Accepted Session”), you shall be deemed to have entered into a separate contract whereby the Practice has agreed to pay for, and you have agreed to provide, the Accepted Session. Under no circumstances are we a party to any such contract, and we make no representation or give any warranty whatsoever regarding the Users party to the contract or the performance of the contract.

5. SERVICE FEE

Your use of the Platform and/or Services is provided free of charge by The Locum Market.

6. GENERAL

6.1 You agree that it is your responsibility to fulfil any contract you have entered into with a Practice or Agency in relation to an Accepted Session agreed on the Platform. It is your responsibility to inform the Practice or Agency if you intend to cancel the Accepted Session.

6.2 The Locum Market may suspend your Account if you temporarily cease providing locum services for more than sixty (60) days. In this case, you will not be able to use the Platform and/or Services but your data will be preserved. We will reactivate your Account at your request but reserve the right to delete your Account where you have not logged into your Account in excess of ninety (90) days.

SECTION D: AGENCY ADDITIONAL CONDITIONS

1. SCOPE

If you are an Agency and wish to use the Platform, you may do so in accordance with the terms of Section A and this Section D.

2. ELIGIBILITY

2.1 By registering on and using the Platform as an “Agency”, you warrant that you are and will continue to be self-certified as a public sector supplier to the Crown Commercial Service and a provider of locums to GP practices or medical centres for temporary cover of medical services.

3. SCOPE OF USE OF THE PLATFORM

3.1 As an Agency, the Services available will be as described by us on the Platform from time to time, but the key features include the ability to:

3.1.1 create a Profile which will be displayed on the Platform;

3.1.2 publish requirements in relation to a proposed Session or (if acting on the behalf of a Locum) the ability to review proposed Session details in addition to publishing their own requirements on the Platform;

3.1.4 arrange a Session subject to contract (to be agreed to between Users separately from the Platform);

3.1.5 diarise Accepted Sessions using the Platform’s online calendar facility;

3.1.6 access the Platform’s automated invoicing system in order to edit and submit invoices;

3.1.7 access the Services via an App;

3.1.8 access other features of the Platform which may be provided by The Locum Market from time to time.

4. SERVICE FEE

4.1 You shall pay a Service Fee to The Locum Market for each Session you agree with a Locum. For the purposes of this clause 4.1, a Session is agreed and the Service Fee becomes payable once a Locum has clicked “agree” to a proposed Session within the Platform and you have received an e-mail from us confirming the Locum’s acceptance of the proposed Session (“Accepted Session”). Service Fees are non-refundable, even in the event an Accepted Session is cancelled and regardless of the reasons for the cancellation.

4.2 You shall pay a Service Fee to The Locum Market for each Session you agree with a Practice on behalf of any locum. For the purposes of this clause 4.2, a Session is agreed and the Service Fee becomes payable once you have clicked “agree” to a proposed Session within the Platform on behalf of a locum and you have received an e-mail from us confirming your acceptance of the proposed Session (“Accepted Session”). Service Fees are non-refundable, even in the event an Accepted Session is cancelled and regardless of the reasons for the cancellation.

4.3 In relation to Accepted Sessions, you shall be deemed to have entered into a separate contract with the Locum or Practice (as applicable). The contract for the Accepted Session is binding on you and the Locum or Practice alone. Under no circumstances are we a party to any such contract, and we make no representation or give any warranty whatsoever regarding either you, the Locum’s or the Practice’s performance of the contract.

4.4 We issue invoices monthly in arrears for all Service Fees incurred by you during the applicable calendar month, provided the Service Fees due total £10 or more. Where the Service Fees due total less than £10, the Service Fees shall be rolled over to the next calendar month. Service Fees shall continue to be rolled over should the amount continue to total less than £10 until the end of the applicable Quarter, whereupon the Service Fees shall be invoiced regardless of the amount due.

4.5 You agree to pay the Service Fee to The Locum Market within seven (7) days of our issuance of an invoice to you.

4.6 The Locum Market reserves the right to change the Service Fee without prior notice.

5. GENERAL

5.1 You agree that it is your responsibility to ensure the fulfilment of any contract you have entered into with a Practice and/or Locum in relation to an Accepted Session agreed on the Platform, including (as appropriate) reminding those parties of their obligations and informing them of any cancellations.

5.2 If you are agreeing a Session on behalf of a locum, you warrant and represent that you have the required permission from the locum to agree to such Session on his/her behalf.

5.3 You agree that you will not require any Locum engaged via the Platform to enter into a long term and/or exclusive contract with you, and that any such Locum may enter into contracts and/or arrangements with any other Practice or Agency.

5.4 The Platform is intended to provide you with the means to find Locums for your own practices and to find Practices for your own locums. Although permitted, finding a Locum through the Platform and introducing them to a Practice or vice versa (i.e., without using your own registered locums or practices) is strictly limited to no more than 50% of the Sessions you enter into. We reserve the right to suspend or terminate your registration if your activity breaches this limit.