Definitions, Interpretation and Implementation:
“Website” Means the LetsLocum platform i.e. www.letslocum.com and includes all domains subdomains and web pages linked to the site.
“App” Means the LetsLocum platform IOS and Android Mobile App both complying with the app store regulations and considered the same as the website interims of service and usage.
“Platform” The provision of the LetsLocum Website and Mobile App and its functionality/services.
“Pharmacy” A pharmacy fully registered within the UK and Ireland, and has registered to use our website. Where the Pharmacy is a chain/ person body or organisation this incorporates all individuals from the Pharmacy Group.
“Pharmacist”A fully qualified Pharmacist with the right to work in the UK and Ireland. The registrant will ensure that their professional competencies are maintained and that they are fully registered to carry out all services expected of a pharmacist.
“Locum” A locum pharmacist who has registered with our Website in accordance with these Terms and Locum shall include Locum Pharmacists, Locum Pharmacy Technicians and Locum Pharmacy Dispensers and any other pharmacist using this platforms services.
“Pre-Reg” A Pre-Registration Pharmacist Trainee who has successfully passed the mpharm degree or equivalent with the right to work in the UK and Ireland. These individuals has registered to use our platform
“Client” Any and all person’s bodies and/or organisations, which use the LetsLocum platform and its services, including a subsidiary or associated company. Usually referring to the Pharmacy looking to employ any from of cover ie locum or permanent positions.
“Company” The person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 & 2006 requiring the services of LetsLocum.
“Worker” A person who may act Locum pharmacist or Pharmacist and or Pre-Registration student depending on Need of the Pharmacy Shift/Job.
“Customer” Any and all person’s bodies and/or organisations, which use the LetsLocum platform and its services, including a subsidiary or associated company.
“User” Any and all person’s bodies and/or organisations, which register to use the LetsLocum platform and its services, including a subsidiary or associated company. Users must not attempt to re-register with the platform if we have terminated your account for any reason such a breach of terms or similar abuse. You shall be responsible for all
uses of your registration, whether or not authorised by you. You agree to immediately notify LetsLocum of any unauthorized use of your registration or password.
“Candidate” A Worker or User engaged in our permanent staffing solution, that will provide the relevant information such a CV and right to work documents.
“Registrant” Any and all person’s bodies and/or organisations, which register to use the LetsLocum platform and its services, including a subsidiary or associated company
“Engagement” The discussion with of an officer, employee, or representative of the User, in person or by telephone, following the registration to the platform or interest in doing so by LetLocum.
“Introduction” Client directly or indirectly receiving, viewing or having access to any information via the LetsLocum Platform which identifies or relates to Worker.
“Refer” This is the action where a user passes on the detail of LetsLocum platform and its services to other potential users
“Dashboard”The dashboard CRM made available to a Pharmacy or Locum via their User Account
“Profile” The profile set up by a User via their Dashboard after successful registration to the platform.
“Job” A vacancy listing for which a Pharmacy requires a Pharmacist to provide pharmaceutical services on a permanent basis. This may differ regarding individual circumstance of the User and is case by case.
“Vacancy” An unoccupied position or job that may be temporary or permanent dependant on the circumstances stipulated by the pharmacy client
“Shift” A vacancy for which a Pharmacy requires a Locum pharmacist to provide pharmaceutical services on a temporary basis. This may differ regarding individual circumstance of the User and is case by case.
“Shift Notification” A notification sent to the Locum users in regard to availability of a Pharmacy Clients shift or Job, with the relevant details. These are provided on a confidential basis and you are only entitled to use the information to assess whether or not you would like to provide the services requested. You agree that you shall not use the information for any purposes other than as set out in this. You cannot disclose any such information to any other pharmacists, pharmacies or any other businesses, which could be deemed to compete with our service. If you are found to break this your account may be terminated and further actions taken dependent on severity.
“Emergency Shift”Any shift when listed in the last 2 days before the shift date or if the uploaded shift is still vacant 2 days before the job date it will be classed as an Emergency Locum Shift
“Submit” Uploading a document on to a user profile (and “submitted” shall be construed accordingly) for review by LetsLocum
“Upload” The process where Pharmacy Clients can upload an excel file for multiple shift/job listings
“Download” The process where Users can download relevant data for their personal use such as Booked shifts etc
“Listing” A desired vacancy role that needs fulfilments posted by the Pharmacy Client for Workers to apply for. These vacancies, unless explicitly stated, are not held by LetsLocum and are the responsibility of the posting client. Clients will only receive details of applicants if the details in the listing match any criteria selected by the worker such as working radius. We cannot and do not guarantee that there will a response to your listing, if this is the case we accept no liability whatsoever if you do not receive any details of any applicants for a particular listing, due to no application by workers. In instances such as this you may get in contact with LetsLocum Resourcing Hub that actively act as a traditional agency to fulfil roles, whereby locum requirements are outsourced directly to the LetsLocum team to fill.
“Applicant” A Worker who applies for a Shift/Job in accordance with its description and needs by the Pharmacy Client. Clients will be able to view the profile of applicants to assess whether or not you would like to accept. You acknowledge and agree that any such information is being provided to you on a confidential basis and that you are only entitled to use the information as stated.
“Service” This is the service of the LetsLocum Website/Mobile App, ie an engagement platform for connecting Locums and Pharmacies for the purposes of filling a temporary or permanent work placement. Workers are vetted when registering to the platform; our services are solely to act as an introduction platform provider. As such, we do not endorse nor give any guarantees in respect of any user types as described in these terms. The User specifically acknowledges and agrees that the use of this platform and services is solely and entirely at your own risk.
“Service Fee” The fee payable by a Pharmacy Client to us in accordance with their chosen payment plan or use of the LetsLocum Resourcing Hub or permanent recruiting division. Services Fee shall be payable upon completion of a booking attended by an applicant and shall be due at the end of the month in which the Booking was completed. We will be entitled to charge interest at the rate of 10% above the lending rate of the Bank of England complying with the Late Payments of Commercial Debts (Interest) Act 1998 & the EU directive 2000/35/EC, if the Services Fee is not paid by the due date, or following reminders both verbal and written by LetsLocum. Service Fees are not conditional upon the acts and/or omissions of the Booked Worker, including the level or quality of services provided by them in event of a dispute the fees are still payable.
“Acceptance”A successful application by a Worker accepted by the Pharmacy Client. LetsLocum will endeavour to ensure that its registered workers are suitably qualified and registered with all appropriate and professional bodies, LetsLocum insists that employers perform their own relevant checks on workers to ensure locums booked are of suitability. Locum bookings confirmed via the platform are accepted in goodwill but we cannot guarantee that the locum will arrive and perform the required task as expected by the employer. LetsLocum will not accept any liability for loss or delays of service provision by the candidate in question. It is the Users duty to confirm details of their bookings with the other party/user type directly with the details obtained from the platform regarding the confirmed shifts after acceptance. LetsLocum take no responsibility or liability for information provided by any users of the website.
“Rejection” An unsuccessful application rejected by the Pharmacy client, which is due to the discretion of that user. Workers that are fully registered with LetsLocum and have provided all the necessary document submission for vetting shall obtain priority and those that have better feedback ratings though we do not endorse nor give any guarantees in respect of any user types as described in these terms.
“Booking” A Confirmed Application to provide services in accordance with the Shift/Job posted on the LetsLocum Platform decided by the Pharmacy Client. When workers book a shift, they cannot start to negotiate a rate. A successful booking occurs in the understanding that they agree to the rate that was listed. We shall not be responsible for determining whether a particular person is suitable for the position, or any other matters set out apart from our vetting process stated in these terms.
“Timesheet” Part of the book keeping functionality where a Pharmacy Client acknowledges that a successful applicant has completed their booking. This is to prevent workers charging in error for shifts they had cancelled, or not yet completed and so forth. Bookings confirmed via the platform are accepted in goodwill but are not guaranteed i.e. if the locum/worker will arrive and perform the required task as expected by the employer/client. We do not provide any guarantees relating to the worker supplied nor do we supervise the services provided by them thus the approval or rejection of worker timesheets by the Client to help enforce accordance and book keeping.
“Invoice” The bill document raised by the Worker to the Pharmacy Client upon completion of their relevant shift/job. The Client accepts that any contract of employment or engagement between the Client and the Worker is their entire responsibility and the liability for paying the Worker’s wage bill is the sole responsibility and obligation of the pharmacy client
“Remuneration” Shall mean the wage payable by the Pharmacy Client to the Worker directly. LetsLocum will accept no liability for non-payment to any worker at any stage. The worker is liable for invoicing and tracking their worked shifts for clients undertaken via our platform. Worker and pharmacy clients assume all responsibility for ensuring Income Tax, National Insurance Contributions and all other monetary payments are paid as outlined within Schedule D of the Finance Act 1969 and its yearly amendments.
“Notification”Alerts in the User dashboard informing them of an event, such as a booking confirmation, acceptance, shift availability and so forth. LetsLocum bears no loss or liability for notifications not actioned in the relevant manner by users.
“Cancellation”The process of deciding or announcing that a planned vacancy listing will not take place. Due to the nature of our platform and services we do not guarantee any employment or compensate for loss of earnings to Workers. In the event that a client cancels a booking, we hold no responsibility for loss of earnings. If a client cancels a confirmed booking they must notify LetsLocum and the respective Worker booked immediately. If a worker ie successful booked applicant cancels a booking they must notify the Client and LetsLocum immediately. If a User does not notify the other affected party, they maybe penalties involved and is considered gross unprofessional behaviour. It is imperative that Locums inform the Pharmacy to prevent any fines that may occur on their business from the NHS, this may also affect you ability to obtain bookings from other clients, so users are advised to keep such matters to minimum. The accepted applicant also acknowledges and agrees that any such cancellation or any failure to complete a confirmed booking will be reflected on their profile and displayed to any clients to which they make applications to provide their services. If there a extenuating circumstance or a Force Majeure then the User wishing to cancel must notify LetLocum both written and verbally so as to discuss as soon as the matter becomes apparent. These will be dealt with case by case and may not impact their respective profiles. Whilst LetsLocum will endeavour to assist in the replacement with a suitable alternative worker, this will be entirely discretionary. Should no suitable replacement be found, LetsLocum will assume no liability to the loss or damage to either the Client or Worker. Workers may be required to attend an alternative Client in order to help cover cancellations provided the request is given to the parties involved in timely reasonable manner.
“Force Majeure” An unforeseeable circumstances that prevent the User from fulfilling their obligation be that Client or Worker. This includes occurrences beyond the reasonable control of a party and therefore would NOT cover:
- Any result of the negligence or malfeasance of a party, which has a materially adverse effect on the ability of such party to perform its obligations
- Any result of the usual and natural consequences of external forces.
- Any circumstances that are specifically contemplated (included) in these terms and require the correct cancellation protocol
LetsLocum shall bear no liability for any loss or damage of the User arising from said cancellation. LetsLocum shall not be liable to any parties in the event that you are unable to perform any of our obligations under these Terms owing to circumstances beyond our control including but not exclusive to acts of god, national emergency, terrorist intervention, an outbreak of war/hostilities.
“Cancellation Period” The period of time where the User must notify LetsLocum and the affected other party ie Client and worker or vice versa such as Locum to Pharmacy. Cancellations outside a 28-day timeframe may be subject to a cancellation fee of £20 per session payable to LetsLocum, this is to act as a deterrent to prevent abuse of our platform, If shifts are booked far in advance, make sure to keep your diary up-to-date, we provide syncing to Google calendar and email/txt notifications to aid this, users are reminded to behave in a manner that is professional. If the cancelling party does not notify the affected party or LetsLocum, the cancellation fee maybe increased to £200 per booking as a penalty, 50% of which will go to the other affected party. Due to the interruption of the Pharmacy’s contracted hours, which may lead to them getting a fine from the NHS of up to £10,000. It is imperative that cancellations are done ASAP and ourselves and the affected party informed immediately, Cancellations should be kept to an absolute minimum to prevent any negative impact on users involved and your user profile. LetsLocum shall bear no liability for any loss or damage arising from said cancellation
“Short Notice Cancellation Service Fee” This is a fee that is payable of a booking, which is cancelled at short notice on the basis of less than 24hours. For Pharmacy Clients the minimum fee will be that of the agreed booking fee depending on the pharmacy clients plan. The affected worker whose booked services are cancelled may without limitation retain rights to seek compensation or damages from the Client. LetsLocum are in no way responsible for these situations and you are urged to speak to your insurers if advice is needed. For Workers/Locums unless there are any extenuating circumstances, that will be discussed with said party, they may incur a cancellation fee starting from £100, this is to act as a deterrent to prevent abuse of our platform for last minute changes of mind, it is paramount that Workers only apply for shifts in places that they can commute to prevent such unprofessional whims to cancel.
“Disputes” A disagreement between Users and or parties such as a Pharmacy client and locum pharmacist. If any such disputes occur in respect of the inadequate services or performance of a worker such as negligence dishonesty, misconduct or lack of skills, this is solely between both the affected parties and to the fullest extent permitted by law we accept no loss or liability and we encourage for such situations to be resolved amicably and strongly suggest looking at feedback of applicants.
“Loss” Any demand, contribution, claim, action, proceeding, liability, loss, damage, costs, expenses, tax, national insurance contributions (to the extent permitted by law) and charges and any related penalties, fines or interest whatsoever whether founded in statute, contract, tort or otherwise made or brought against or incurred (including without limitation all losses, liabilities and costs incurred as a result of defending or settling any claims).
“User Data” The data submitted on the LetsLocum platform dependent on User type. By submitting, posting or displaying User Data on the platform, you grant LetsLocum a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to reproduce, adapt, distribute and publish such content throughout our service, including a subsidiary or associated company. We reserves the right to refuse to accept, post, display or transmit any data in its sole discretion and shall comply with the Data Protection Act 1998 in relation to sensitive personal data and are held in accordance to that act. Thus we reserve the right to access your user account for the purposes of provided our services, monitoring, improvement or upgrade. And may remove any content after review that, in its sole opinion, violates these terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, other users of the platform. LetsLocum reserves the right to prevent further access to our service for violating the terms or applicable laws, rules or regulations. LetsLocum does not represent or guarantee the truthfulness, accuracy, or reliability of Data, derivative works from this data, or any other communications posted by users of the service nor does LetLocum endorse any opinions expressed by users of the platform.
Supply of LetsLocum Service:
Our services are solely to act as an introduction platform provider. As such, we do not endorse nor give any guarantees in respect of any user types as described in these terms. The User specifically acknowledges and agrees that the use of this platform [and services] is solely and entirely at your own risk.
A contract of employment relating to a listing after an introduction will be deemed to have been entered into between the Client and the Worker when a worker indicates via the platform that they will undertake the relevant shift and the Client indicates via the platform that it agrees to book that worker by accepting their application.
The Careers Portal is part of LetsLocums permanent recruitment service. This is designed for the placement of permanent jobs from pharmacists, technicians to Pre-Regs. We use various third parties to help ensure adequate service and you agree for information to be passed onto relevant parties. This service is free of charge to all Workers such as locums, technicians or any other potential employee, and will be referred to as candidates. LetsLocum charges a fixed finders fee that will be vary depending on Job type and class and will be set at the time of Job listing for placement of pharmacists and all other pharmacy staff. If a client permanently hires a locum who was initially introduced to the client by LetsLocum platform the applicable fees are due to LetsLocum from the date of introduction up to twelve months after the date of introduction. Upon successful permanent recruitment the Client shall satisfy itself as to the suitability of the Worker before engaging such Worker. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Worker, and satisfying any medical and other information, requirements, qualifications or permission required by law of the country in which the Worker is engaged to work.
In order for the recruitment department to be efficient the Client must supply the following information;
- the date you require a work-seeker to start and for how long;
- the type of work, location, working hours and any health and safety risks and controls;
- the experience, training and qualifications the hirer needs for the post or are needed by law;
- any expenses payable by or to the work-seeker; and
- if you run an agency, the minimum wage, benefits, method of payment, and notice periods for termination of employment (where applicable).
Our services are solely to act as a recruitment platform provider. As such, we do not endorse nor give any guarantees in respect of any user types as described in these terms. The User specifically acknowledges and agrees that the use of this platform and services is solely and entirely at your own risk. In the unlikely event a candidate’s employment ceases the client may request the position to be filled again at no charge. If a refund is requested, clients must inform LetsLocum within a 7-day period in writing. LetsLocum will then contact both parties to discuss and arrange a refund directly with the client. If the client or recruited worker has been in violation of any Terms in these cases there is set fine of £1000 and legal proceedings may occur.
Access to Our Platform:
You may only access our platform using your designated dashboard depending on your user type, using our website or mobile app.
You are not entitled to:
- access [or attempt to access] any part of our platform apart from your designation. Certain areas of our platform are restricted to certain user types You must not attempt to gain unauthorised access to them. Nor attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code. By breaching this provision, you would be committing a criminal offence under the Computer Misuse Act 1990. Any such breach will be reported by LetsLocum, to the relevant enforcement authorities. LetsLocum will co-operate with them fully by disclosing your identity and/or any other information that is required to them. In the event of such actions, your right to use our website will cease immediately as LetsLocum reserve the right to revoke and restrict access to other areas of our platform, or the whole website in its entirety and will result in legal action being taken;
- bypass the interface provided by the platform. By breaching this provision, you would be committing a criminal offence under the Computer Misuse Act 1990. Any such breach will be reported by LetsLocum, to the relevant enforcement authorities;
- use any automated means, including use of scripts, bots, spiders, scrapers or web crawlers to access any part of our platform. By breaching this provision, you would be committing a criminal offence under the Computer Misuse Act 1990. Any such breach will be reported by LetsLocum, to the relevant enforcement authorities;
- introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. By breaching this provision, you would be committing a criminal offence under the Computer Misuse Act 1990. Any such breach will be reported by LetsLocum, to the relevant enforcement authorities;
- take any action that imposes, or may impose [in each case in our sole discretion] an unreasonable or disproportionately large load on our platforms infrastructure. By breaching this provision, you would be committing a criminal offence under the Computer Misuse Act 1990. Any such breach will be reported by LetsLocum, to the relevant enforcement authorities;
- duplicate, copy, replicate, lease, rent, credit, offer, exchange, alter, make subsidiary works, disperse or freely show any piece of our platform in either public or private electronic systems for commercial or private use unless authorised, with written consent from LetsLocum. By breaching this provision, you would be committing a criminal offence under the Computer Misuse Act 1990. Any such breach will be reported by LetsLocum, to the relevant enforcement authorities;
The Workers Obligations:
- By agreeing to these terms and conditions, worker registrants are ensuring that they are a registered to work in a pharmacy at their qualifications full capacity. Locums are willing to fulfil the agreements of providing locum cover upon acceptance of a listed shift vacancy by a Pharmacy Client.
- The worker will ensure that their professional competencies are maintained and that they are fully registered to carry out all services expected.
- The worker must ensure that they are legally and appropriately registered with all relevant professional bodies.
- The Worker must ensure they are fully qualified to work in the country or countries designated in your registration i.e. the UK or Ireland.
- The worker must ensure that they have their own professional indemnity insurance in place at all times whilst working.
- The worker must have never been disqualified from acting as a pharmacist in any country; received any criminal convictions; and you are not aware of any reason or reasons why you might not be suitable to act as your relevant role such as a locum or pharmacy manager.
- LetsLocum takes no responsibility for Pharmacy Clients professional business conduct; any concerns or feedback should be discussed directly with them following their set protocols and SOPs.
- Details of shifts between the employer and the locum pharmacist via the platform are to be considered strictly confidential and must not be disclosed elsewhere as stipulated in the terms. This would include disclosure of any individual agreements between locum and employer such as rate of pay etc
- Bookings confirmed via the platform are accepted in goodwill by both affected parties. The worker must arrive and perform the required task as expected by the Client to the best of their ability on the exact time and date stipulated on the listing. LetsLocum does not endorse any Clients, nor do we provide any guarantees relating to any listing. Thus any application submitted by you for a shift listing is entirely at your sole risk
- The Worker confirm that they are not aware of any reasons why you would be unable to fill or prevented by law to fulfil the Booking in accordance with the listing and you are consenting to us sending your Profile to the Client which submitted the shift listing and thus once accepted you agree to fulfil the Booking in accordance with the listing
- Workers must complete the registration process and input of only genuine information to aid in completion and authenticity of registration.
- Workers registered with LetsLocum are not employees of LetsLocum and therefore must not be treated that way nor act or imply this being the case.
- Rates of pay are offered solely by the Client and as such, we take no responsibility in this respect though urge the Clients to offer a fair and reasonable rate that is at least the industry average.
- There is no fee Worker’s such as Locum to use our platform unless stipulated for certain conditions such as liability for breach of terms.
- Workers are responsible for maintaining the confidentiality of any passwords associated with their account. Thus, agreeing that you are solely responsible to us for all activities that occur under your account, as recorded, determined or noted by the platform and shall serve as conclusive proof of the facts stated therein to which they attest.
- Workers must not be intimidating, threatening, harassing, bullying, abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, other users of the platform and its representatives. LetsLocum does not endorse any opinions expressed by users of our platform.
- The Worker agrees to act at all times in a professional manner and comply with all reasonable instructions of the Client.
The Clients Obligations:
- By agreeing to these terms and conditions, the Pharmacy Client must ensure that they are legally and appropriately registered to carry out employment of pharmacists, pharmacy technicians or any other potential employee worker within adequately registered, fully licensed and maintained premises and are lawfully registered to provide pharmaceutical services in the UK or Ireland.
- The Client must comply with all applicable health and safety, information governance, business indemnity and any other applicable legislation in respect of the worker and their services to you.
- The Client accepts that engagement with any worker via LetsLocum platform is their sole responsibility and they assume all liability for all information, discussions and agreements made with the Worker.
- Clients when submitting a listing, they warrant and represent that all details in the listing and description are accurate, complete and up to date. That they have all consents and authorisations required at law to submit the listing and to enter into an agreement for services or other agreement with the successful applicant when accepting a booking thus they will not be in breach of any applicable legislation and/or any contractual terms.
- The Client accepts sole responsibility of ensuring each locum booked via the platform is paid appropriately and as agreed. We will accept no liability for non-payment to any locum at any stage.
- LetsLocum insists that employers perform their own relevant checks on pharmacists to ensure locums booked are suitable.
- Bookings confirmed via the platform are accepted in goodwill by both affected parties. Letslocum cannot guarantee that the locum will arrive and perform the required task as expected by the Client nor do we supervise the services provided by them. LetsLocum will not accept any liability for loss or delays of service provision by the candidate in question.
- The Client acknowledges and agrees that any applicant details which may be sent to your Dashboard are only for the purposes of filling a particular shift. Thus you agree not to contact any Locum directly once the booking has been completed, for the purposes of offering that Locum any further work nor use any other measure to circumvent our platform
- The Client shall pay LetsLocum the correct fees depending on payment plan or package taken upon registering. The Client may be able to switch between payment plans such as pay as you go per booking model or the Monthly/Yearly Plans but must get in contact with LetLocum representative to discuss. All payments are handled and processed by GoCardless and follow their criteria and conditions.
- Clients are responsible for maintaining the confidentiality of any passwords associated with their account. Thus, agreeing that you are solely responsible to us for all activities that occur under your account, as recorded, determined or noted by the platform and shall serve as conclusive proof of the facts stated therein to which they attest
- Clients must not be intimidating, threatening, harassing, bullying, abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, other users of the platform and its representatives. LetsLocum does not endorse any opinions expressed by users of our platform.
Both Users ensure and warrant that
- the details provided are complete, exact, up to date and accurate;
- the details provided are not using a false name or mimicking any other person;
- they have the required authority and obtained all consents necessary to give us the registration details for use in accordance with our Terms;
- they are authorised to use the Website on behalf of the user you are representing such as a company relief/locum co-ordinator;
- you have obtained all necessary qualifications and membership of all and any necessary statutory or professional bodies that affect your user type ie client or worker;
- You agree to notify us immediately if any of your User Details change or if the representations and warranties cease to be correct;
LetsLocum and its services, including a subsidiary or associated company(ies) are the owners or the licensee of all intellectual property rights in our platform, and in the material published on it. 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.
In the unlikely event that your use of our platform infringes any intellectual property rights of a third party, we may, at our sole discretion, replace or modify our platform 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 to a third party.
You concur not to alter, remove or obscure any proprietary notices which may appear in or be held within and not to utilise any of the trademarks, trade names, service marks, copyrights, logos, domains, and/or other distinctive brand features belonging to us unless you have valid written permission to do so as described in the Terms.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this platform especially the blog, in which guest blogs are a reflection of the guest but we retain the rights to use it as we see fit and retain the intelectual property for useage such as marketing. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
We reserve the right, in our sole discretion, to suspend or terminate your use of the Site and our Services at any time without notice following just cause. Your account may be suspended or closed if we consider, in our sole discretion, that you have at any time brought our Site into disrepute or are in breach of these Terms or any of the policies referred to in these Terms.
LetsLocum may change the content on the platform at any time. If the need arises, we may suspend access to our platform, or close it indefinitely.
Whilst we try to ensure that access to the platform is always available, from time to time we may decide to temporarily restrict or block access to, or use of, all or part of the Site without notice and reserve the right to do so, whether for the purpose of servicing, updating or otherwise. We do not warrant that the platform, or any part of it, will be available at all times, and you acknowledge and accept this. We accept no liability, no matter how that may be caused, arising from any unavailability, interruption, defect or loss of access to or function of the Site or any part of it at any time.
We reserve the right to withdraw and/or amend the Services or content on the Site without notice and we accept no liability, no matter how that may be caused, arising from us doing so.
You expressly understand and so agree that your use of our platform is ‘as is’ and ‘as available’. In particular, we do not represent or warrant to you thus negate all liability that:
- your use of the LetsLocum platform (including in conjunction with any other software such as excel, google calendar, android etc] will meet your requirements, or that your use of our platform will be uninterrupted,
- timely, secure or free from error defects in the operation or functionality of the platform especially when rolling out updates;
- that defects in the operation or functionality of our platform will be corrected, rectified or remedied; and/or
- any information obtained by you as a result of your use of our platform will be accurate or reliable.
Changes to Terms
LetsLocum reserves the right, at its sole discretion, to update or replace these Terms at any time. LetsLocum will try to inform you of any changes before they come into effect but it is your responsibility to check these Terms periodically for changes. Any new version of these Terms shall take effect, and will govern our services and your relationship with LetsLocum: (i) immediately upon the date of posting on the platform where the changes to these Terms relate to a new feature/service or non-material changes, which (in either case) do not reduce your rights or increase your liability to us; or (ii) no less than fourteen (14) days after the date of posting on the LetsLocum platform where the changes to these Terms potentially reduce your rights or potentially increase your liability to us. Your continued use of the platform following the posting of any changes to these Terms constitutes acceptance of such changes. If you do not agree to such change, your sole remedy is to immediately cease accessing and using the platform.
Liability and Legality
To the fullest extent permitted by law, we, our professional advisors and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or otherwise.
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our platform or in connection with the use, inability to use, or results of the use of our platform, any websites linked to it and any materials posted on it, including (without limitation) (a) loss of income or revenue, loss of business, (c) loss of profits or contracts, (d) loss of anticipated savings, (e) loss of data, (f) loss of goodwill, (g) wasted management or office time, and/or (h) the deletion of. corruption of, or failure to store any content and other data maintained or transmitted by or through your use our platform whether caused by delict, tort (including negligence), breach of contract or otherwise, even if foreseeable.
- any liability from material downloaded or otherwise obtained from or accessed through your use of our platform, and 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.
- the breach of security of any communications sent by you to us using the platform or the information contained therein. Such communications are at your own risk.
- any conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms [including implied warranties and conditions of or merchant-ability and non-infringement] This includes any 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 platform and/or Services that may imply as such.
- any liability for death or personal injury arising from negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Subject to the terms set out, our aggregate liability to you in connection with the use of our platform by you shall not exceed the sum of £20. This remains true for all User types or any third parties that are using the platform.
You concur and recognize that you are in a superior position than us to anticipate and assess any potential harm or misfortune which you may endure regarding your utilization of our Website; that we can’t satisfactorily guarantee its potential obligation to you; and that in like manner, the prohibitions, exclusions and confinements contained in this statement are reasonable. You also undertake at all times to mitigate any such damage or loss.
You agree and consent to indemnify us against all liabilities, misfortunes, costs, expenses, damages and losses and all other reasonable professional costs and expenses suffered or incurred by us, arising out of any breach of this Agreement by you, including but not restricted to any direct indirect or noteworthy misfortunes, loss of benefit, loss of notoriety and reputation plus all interest, fines and legal costs (ascertained on a full repayment premise of indemnity)
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party as the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party, nor create any mutuality of obligation between you and us. Herein, we cannot, and do not, guarantee or warrant that by availing of the services provided by LetsLocum will be provided with any work.
Any failure 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 preceding action.
If one party gives notice to the other of the possibility that any provision of these Terms (or part thereof) is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. If these Terms (or part thereof) is declared to be unlawful, invalid, void or for any reason unenforceable by a court, this will have no effect on the validity and enforceability of the remaining provisions (and parts thereof) of these Terms and shall be replaced by an enforceable provision which reflects the closest position to that intended by the unlawful, invalid, void or unenforceable provision.
It is matter of agreement between the Client and the Worker as to the nature of the legal relationship between them and who is responsible for the payment of taxes or other statutory contributions that may arise as a result of that relationship. All User parties of the platform agree to indemnify us on demand for any losses, expenses and/or costs incurred by us as a result of a failure of each user type to make payment of sums due to be paid pursuant to the agreement for services or other agreement entered into between them including any payments to be made pursuant to clause. To reiterate LetsLocum will assume no liability or responsibility for financial loss to either the Worker or the Client by any act or omission by either party.
These Terms represent the entire agreement between you and us in relation to the subject matter of these Terms and neither party has relied upon any statement or representation made by the other in agreeing to enter this Agreement. No unauthorised third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. Only English Law and the English Courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Platforms governed by these Terms, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any queries about the Terms or material, which appears on our platform, please contact firstname.lastname@example.org