Terms and Conditions of Usage of Website – Practices

In this document, “us” refers to LocMs Limited, registered address of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ and company number 11831689.

By registering for and using the LocMs Website (hereafter “the Website”), you agree that you, the registered Website user, are an employee, director or partner of a Healthcare Organisation and that you have authority to enter agreements on behalf of the Healthcare Organisation you represent (hereafter “the Practice” refers to your Healthcare Organisation, “you” refers to the registered user).  In registering for, and using the Website, you agree that you have read, understood and accepted these terms and conditions and agree for the Practice to be bound by them, that they form a legally binding contract between the Practice and us.  You further agree, that you personally are bound by the provisions of this agreement, as they relate to the use of your personal data, and should you not agree to each of these terms, you may not use or access the Website.  These Terms and Conditions are also applicable to any service provided or available through our Website, and all communication with LocMs outwith the Website, which relate to the purposes of the Website.

In the event that any of the Terms and Conditions in this Terms and Conditions of Usage are held by a court, or otherwise found, to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these terms and conditions shall remain in full force and effect.

These Terms set out the entire agreement between the Practice and us with respect to the use of the Website and all of our services, as a Healthcare Organisation.  It supersedes any and all representations, communications and prior agreements, whether written or verbal, made by the Practice or us.

About LocMs – purpose of the Website

LocMs is a service that matches GP Practices offering sessions to GP Locums.  We are not an agency.  We provide a matching service and charge the Practice a 5% administrative fee for using our platform to send a booking confirmation to any Locum you decide to book (hereafter “the Locum”).  We make no charge to the Locum.  As such, we provide a platform for connecting and sharing of information that the Practice chooses to share.  We are not a party to any agreements or contracts reached between the Practice and any Locum you choose to Book (hereafter, “the Practice” and “the Locum”).  As an example, should the Practice agree a booking with a Locum, any agreement or contract which arises is between the parties, excluding LocMs Limited.  We provide a platform for advertising your available sessions and for Locums to search and filter sessions added to our platform by Practices, and the ability for the Locum to put offers to Practices on advertised Sessions, and to receive Bookings from the Practice.  We provide a platform for uploading your Practice profile data for such Locums to view.  We provide a free service for Locums to generate proforma invoices and for the Locum to email these to the Practice.  We do all of this only with the Practice and Locum’s consent.  We are not responsible for the accuracy of data provided either by the Locum or Practices on our platform.  Use of your and the Practice personal and professional data is covered in the enclosed privacy policy.  We have no part in deciding which Sessions are allocated to which Locums by practices.

The Website is provided by LocMs Limited.  LocMs Limited have a registered address of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ and company number 11831689, we wholly operate the Website and associated App, and control the associated data.

The Practice

By using our Website, the Practice confirm that the Practice is a CQC registered Healthcare Provider in the UK, whether private or NHS, that you comply with all relevant UK laws and CQC requirements and policies, including having appropriate insurance cover for liabilities.  You confirm that you provide primary care services.  You agree that LocMs does not vet or confirm the identity or credentials or documents of the Locum on behalf of the practice, and do not warrant that the Locum is fit to practice, nor that the information they provide through our platform to you is accurate.  You agree that due diligence checks of fitness of the Locum to undertake any Session(s) you offer them remains fully the responsibility of the practice, including but not limited to critical examination of all documents provided to you, checking current GMC registration, professional status, Disclosure and Barring checks, medical defence status, qualifications and immunisation status.   By using the Website, the Practice confirm that the Practice are able to provide to us on request evidence that the necessary checks, policies and procedures are in place to ensure patient safety when booking Locums through our platform. 

Our Website

Our Website is made available to the Practice solely for the Practice usage under license from LocMs Limited, to fulfil the purposes of the Website.  LocMs Limited is the sole owner of the Website and we do not sell it to the Practice, the Practice agree to this.  The Practice agree not to reverse engineer or disassemble the Website.  The Practice agree not to infringe our copyright, which extends to all of our content both on the Website and the LocMs App and email communications.  Apart from the Practice Profile (see below), the Intellectual Property of all content in the Website belongs to us.  You agree when you access the Website, that you have the legal right to access any device onto which you load or access the Website.  You agree only to access the Website using the your own registered account.

The Website may have embedded links to external web content.  We accept neither responsibility nor liability for any content of any third party website to which we may, from time to time, link.  We never transmit your or the Practice data to third parties, except where required to by statute or legal obligation or as detailed herein for the purposes of the Website, but we are not responsible or liable for any collection or use of personal data by said third parties.

When you register with the Website you create a user login, on behalf of the Practice.  Keeping your user login and associated password secure is your responsibility, neither you nor the Practice may share this information with any third party.  LocMs Limited will never ask you for the your password, you must take reasonable care to ensure that you do not disclose your password to any third party who seek this information by fraudulent means.  We do not store your password, for security reasons, using only password hashes. 

Bookings

Should the Practice reach an agreement with the Locum for the Locum to fulfil a Session or Sessions for any Practice, using the Website, in the form of a “Booking”, this forms a professional commitment between the Practice and the practice.  The honouring and completion of this commitment is the professional responsibility of the Practice and the Locum, and LocMs has no role in ensuring this.  Locum doctors have a professional obligation, and both the Practice and the Locum may have legal obligations to one another under contract law, in relation to the discharge of such commitments which you may from time to time agree using our platform. 

LocMs provides an initial booking and invoice generation platform.  You agree that any Session advertised on the Website is a genuine and accurate advertisement of GP Locum work which is available to be worked in the Practice.  If the Locum sends an offer (hereafter the “Offer”) to work a Session through our platform, we will relay this offer to you and confirm to the Locum that it has been sent.  It is your responsibility to check both your registered email address and the “offers” section of the website on a regular basis to ensure you are aware of the Offer. We do not accept any liability for the failure of any email to arrive, nor for the malfunctioning or internal routing of emails in your email system.  You, on behalf of the Practice, may choose to accept the Offer at any time.  When doing so you agree that you have carefully read all of the information and the breakdown of the associated fees, including both the Fee due to the Locum, and the Booking Fee due to us.  You agree to be liable for this booking fee when sending a booking confirmation.  In this case the Locum receives your Booking confirmation.  You agree that this notification, whilst being delivered through our App and email service, is a communication from the Practice, not LocMs Limited and constitutes your acceptance of the Locum offer.  LocMs places the highest priority on reliable and timely Notifications of booking to the Locum.  If you have technical difficulty with the Website, or any question may reasonably arise that you are unsure whether you have Booked a locum, the Practice agree to notify LocMs Limited immediately and without delay, to receive technical support.

Following the sending of a Booking confirmation, the Session is considered booked by both parties unless both parties agree to cancel it, and subject to due diligence checks by the Practice.  All subsequent communication, following Booking, around said booking, such as amendments, cancellations, alterations, rate changes or fee disputes is the responsibility solely of the Practice and the Locum.  The Practice agree to use the contact details the Locum has supplied to you on the platform, or that the Practice and the Locum have otherwise agreed, for all such communications.  LocMs is a matching service and initial booking platform.  We decline to act as a communications conduit regarding disputes between the Practice and the Locum, sessions not fulfilled by the Locum, double bookings made by the Locum or Practice, cancellations of Bookings either by the Practice or the Locum or alterations to shifts by either party.  LocMs doesn’t accept any liability, nor role of arbitration, for the failure of either Practices or Locums to communicate professionally and in a timely manner, failure to discharge commitments or breach of any contract or agreement into which they may have entered.

Payments

You agree that the Practice is liable for any remuneration payments in respect of any Session(s) arranged through our Website.  It is between the Practice and the Locum to arrange an appropriate invoicing and payment arrangement.  LocMs does not take payments from the Locum.  LocMs does act on behalf of the Locum in any matter of payment, or failure to pay by the Practice.  As a service to the Locum, LocMs does provide the ability to generate a proforma invoice to the Practice in relation to Sessions booked through the Website.  This invoice can, at the Locum request, be sent to the practice, from the Locum account.  In this instance, the Practice agree that this constitutes the Locum sending the proforma invoice, as the Locum’s approved invoice, directly to the Practice.  The Practice agree they remain responsible for checking such invoices are accurate and complete, before paying them.  LocMs Limited will not accept any liability for any failure on the Practice part to ensure that the Practice has checked fully and paid any such invoices in a timely manner.  The Practice agrees that we have no liability for any Practice delay, failure to pay any invoice, or dispute between the Locum and Practice arising from fees, invoices or billing.  

The Practice profile

All data uploaded or entered by you into the Website, both your personal data and the Practice data, is henceforth referred to as the Practice “Profile”.  This includes, but is not limited to, all descriptions, representations, advertisements, documents, Session(s), photographs, contact and demographic details.

You that you, on behalf of the Practice, have the right, or permission, to submit the information stored in the Practice Profile; ensuring this is your responsibility.

LocMs Limited does not screen or validate the Practice Profile, and we reserve the right to amend or remove the Practice profile data at any time, we may exercise this right with or without consultation with you or the Practice.

The Practice Profile must comply with these acceptable standards.

It must:

It may not:

By adding data to the Practice profile you agree that it meets these acceptable standards. 

The Practice agree to reimburse LocMs Limited, on demand for any and all loss or liability resulting from any claim arising out of the Practice Profile data, or the your usage of our Website.  The Practice agree that this includes amounts we have paid in settlement, costs and all expenses suffered by such a claim. This duty remains upon the Practice regardless of whether we have terminated your account for infringement of these Terms and Conditions of Usage. 

Terminating your Access

LocMs Limited reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Website, with or without notice if we determine that you or the Practice are not eligible to use the Website, and/or have violated any of these Terms and Conditions of Usage.  In this case, you agree not to re-register using our Website.

We reserve the right to remove access to the Website, and to remove the Website from the internet, and to terminate these Terms with you and the Practice at any time by providing you with thirty (30) days notice in the event that our service ceases to operate. 

Amazon vouchers

From time to time, in accordance with the offers described in the Website and promotional materials, we may allocate electronic vouchers to the Practice for registering or Booking through our Website.  These vouchers have no equivalent cash value and may not be cash exchanged.  They can only be used online at www.amazon.com/.co.uk subject to these general terms and conditions, and any other specific conditions notified to the Practice on the issue of a voucher. No voucher is redeemable through any website owned or operated by LocMs Limited.

Vouchers are redeemed by entering its code at the appropriate point in the Amazon online purchase process. Such processes, and the validity of the vouchers are subject to the terms and conditions of that company and their website. 

The Website makes reference to “Rewards”, these constitute a loyalty scheme.  The present balance will be notified to the Practice in the Website.  The Practice agree that the Practice entitlement to receive this value of vouchers is contingent that:

1/ the Locum has actually worked the Session(s) to which they relate to the satisfaction of the Practice.

2/ the booking fee for the booking payable to LocMs Limited has been paid in full by the Practice.

LocMs agrees, subject to these conditions having been met, to allocate these vouchers to the Practice by email, in the balances notified, from time to time, and at a reasonable time of our choosing.  You agree that you or the Practice have no right to demand immediate payment or redemption of these voucher balances, even on termination of your account, as they will be distributed at a reasonable time at our discretion.  You will be notified by email if there is any variance from our normal quarterly pattern of allocation.

Your use of such a voucher indicates your agreement to be bound by these Terms and Conditions of Use.  You also confirm that you will use these vouchers in accordance with any relevant policy set down by the Practice, and that the Practice is aware of any vouchers allocated to your account.

Reviews

By submitting any review of a Locum to the Website you agree that you are the sole author of, and are personally responsible for, any review you submit and that it fairly and honestly reflects a reasonable opinion of that Locum.  Further you undertake that the you won’t submit any review that:

Our Website/App allows Locums to rate the Practice experience.  The Practice can see this at any time in the Website.  The same standards apply to Locums in their separate Terms and Conditions of Usage for the App.  Any such review wholly constitutes the views of the Locum(s) concerned, not those of LocMs Limited.  We will not be held liable for any reduction in offers from Locums, perceived or actual loss or perceived or actual reputational damage from their rating of the Practice.  These ratings are not generally available, but only to Locums on the platform, when you advertise Session(s).  By advertising Session(s) through our platform you agree that the Practice review will be shared as part of the available Session(s) information to the Locum(s) on the platform.  Where the Practice believe a review to be inaccurate or unfair the Practice must first ask the Locum to review or amend it.  If they decline to do so within 7 working days, or the Practice remain unsatisfied, the Practice must ask us to review it. We will ask the Locum to provide evidence that they have met the Terms and Conditions of Usage and have acted fairly.  Where we are unable to establish that this is the case, we will remove or amend the review. 

We reserve the right to remove any review from our Website/App at any time with or without notification.

Your rights

You are licensed to use the Website, in accordance with these Terms and Conditions of Usage. 

No provision of this agreement limits or excludes our liability to you for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or any other liability that may not be limited or excluded, under English law.  In no event shall LocMs Limited be liable to you or the Practice for any indirect or consequential losses, or for any loss of profit, revenue, contracts, goodwill or other similar losses and any liability we do have for losses that you or the Practice suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the sum of £200.

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

Only LocMs Limited and the Practice shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Jurisdiction and Changes

These Terms and Conditions are governed by the law of England and Wales. In the event of any matter or dispute arising out of or in connection with these Terms and Conditions, LocMs Limited and the Practice shall submit to the exclusive jurisdiction of the courts of England and Wales.

We reserve the right to modify these Terms and Conditions of Usage by notifying you by email or a clearly displayed message in-Website.  These Terms and Conditions of Usage were last update in June 2019, the latest version will be displayed on our website (https://www.locms.co.uk/).

Privacy Policy

Privacy Policy for the LocMs mobile app and website ("we","us" and "our Website"). LocMs Limited have a registered address of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ and company number 11831689, we wholly operate the app and website. We place the highest priority on your privacy and the security of your data.

The infomation below should be fully and carefully read and understood. When you register to use our App or Website, you accept our terms and conditions and understand our approach to your personal data and how it will be processed, transmitted, stored, retained and removed. For the purposes of UK and EEA data protection law, (hereafter the "Data Protection Law"), the data controller is LocMs Ltd.

Our privacy policy, as part of our Terms and Conditions of Usage outlines how your information is:

Information we collect

We collect and process the following personal data from you:

This includes, but is not limited to, information about you that you supply through the App or Website, and correspondance by email, telephoneand our support helpdesk. This information includes your name, address, photograph, email address, phone/mobile number, practice addresses, practice descriptions and password hashes. It may also include current employment information and details you provide of your employment history, or documents you upload for the purpose of your creating your user profile either in the App or Website. We will automatically collect information from you each time you use our App or Website. This includes technical information such as your IP address used to connect your device to the Internet, your login information, operating system and platform, version, time zone setting. This also includes information we receive about you from practices ("Organisations"), if you are a locum, or locums if you are a practice. We also process and store data supplied to us from the General Medical Council. This data is publicly available at https://webcache.gmc-uk.org/gmclrmp_enu/ and is used for the purpose of validating new doctors signing up for our App and Website, and to confirm to practices your ongoing GMC registration status, if you are a locum.

Information we use

We use information held about you in the following ways:

Information you give to us:

We will use this information to:

Take steps in order to enter into any contract or carry out our obligations arising from any contract entered into between you and us including:

Ensure in our legitimate interests that:

Information we collect about you from your use of our App/Website

We will use this information in our legitimate interests, where we have considered these are not overridden by your rights:

Information we receive from other sources

We may combine this information with information you give to us and information we collect about you in our legitimate interests (where we have considered that these are not overridden by your rights). We will use this information and the combined information for the purposes set out above (depending on the types of information we receive)

Who we give your information to

We may give your information to:

Find out more below:

Our selected third parties may include organisations who process your personal data on our behalf and in accordance with our instructions and the Data Protection Law. This includes in supporting the services we offer through the Website in particular those providing web and database hosting services, distributing any communications we send, facilitating feedback on our services and providing IT support services. These organisations (which may include third party suppliers, agents and sub-contractors) will only use your information to the extent necessary to perform their support functions. App and Website analytics and search engine providers collect anonymised data for the improvement and optimisation of our digital services.

We will disclose your personal information to third parties:

Where we store your information

The data that we collect from you remains within the European Economic Area ("EEA") and is therefore subject to EEA Data Protection Law, as in the UK.

We will transfer your personal information outside the EEA only where we are legally required to do so

How we secure your data

Security is our highest priority. All data, including your Profile, is securely stored on secure servers. All personal data in the App is encrypted and all transmission of data between the App and our servers is securely encrypted over the internet. Although we will do our best to protect your personal data, and believe the risks to be low due to our strong security and encryption measures, we cannot completely guarantee the security of your data as no system is invulnerable to determined attack; any transmission of data through our App is therefore at your own risk. Our Website may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.

How we retain your information

We retain personal data for as long as you have an account with us in order to meet our contractual obligations to you and for six years after that to identify any issues and resolve any legal proceedings. We may also retain anonymised data beyond this time for research purposes and to help us develop and improve our services.

Your rights

You have the right under certain circumstances:

Your right to withdraw consent:

Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us. You can also exercise the rights listed above at any time by contacting us at support@locms.co.uk If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html). The Information Commissioner is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data.

Changes to this policy

Any changes we make to our privacy policy in future will be posted on this page and, in relation to substantive changes, will be notified to you by e-mail.

Contact Us

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to:

LocMs
71-75 Shelton Street,
Covent Garden,
London,
WC2H 9JQ

support@locms.co.uk