Terms and Conditions

Introduction

These are the terms of use that apply to ‘Find Me A Locum’ and all versions that are made available including downloads from any third-party application store (mobile app).

Find Me A Locum is provided by NHS Midlands and Lancashire Commissioning Support Unit (MLCSU). Our registered address is Heron House, 120 Grove Road, Stoke on Trent, ST4 4LX.

Find Me A Locum makes available a web-based platform and mobile app where Locum sessions can be advertised by general practices and Locums using Find Me A Locum can apply to cover these sessions.

MLCSU provide Find Me A Locum to primary care organisations for their use and the use of Locums who sign up and register, MLCSU do not have any influence on the way the system is utilised by Locums or primary care organisations.  All users of Find Me A Locum; MLCSU primary care organisations and Locums confirm that they accept MLCSU has no liability in the posting of Sessions(s), any financial reliance by Locums upon Sessions(s) posted and the contractual arrangements agreed between them. MLCSU are not an employment, ‘temp’ or recruitment agency.  

To register and access Find Me A Locum you must agree to all the terms and conditions contained in this document.

We reserve the right to change these terms from time to time by notifying you through the bulletin/notification function of Find Me A Locum.

Use of your personal information submitted to the system or via Find Me A Locum is governed by our ‘Privacy Notice’ accessible at https://www.nhsfindmealocum.co.uk/page/privacy-policy. , this details of how and why we process your personal data and what happens to any personal data that you provide to us or that we collect from you on Find Me A Locum.

Access to Find Me A Locum web-platform is for use by appropriately qualified Locums, primary care organisations, commissioning organisations and NHS England. The Find Me A Locum mobile app is specifically for use by appropriately qualified Locums.

Find Me A Locum may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which Find Me A Locum was designed. This will require a compatible device with all the necessary technical specifications to enable the download of Find Me A Locum. Where this involves a device that is not owned by you it is your responsibility to ensure appropriate permissions have been secured to download Find Me A Locum to that device and that you accept that the mobile service provider for the device may charge for internet access (including mobile data usage) on that device.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of Find Me A Locum or that Find Me A Locum will respond at a certain speed (since this depends on a number of factors outside our control).

Registration

Find Me A Locum registration must be complete to access any Locum sessions that are made available through Find Me A Locum. You only need to register once. We reserve the right, in our sole and absolute discretion to disable any Find Me A Locum account without providing a reason.

To register to cover Locum sessions, you must provide accurate and complete information, and you are responsible for keeping this information up to date.  You may also need to upload evidence to validate your application and your employment rights in the UK.  Relevant professional and background checks will be carried out as part of the registration process and to register you must agree to these being carried out.

Information to be provided is as follows: 

  • Name / Email Address
  • Postal Address
  • Telephone
  • GMC/NMC Number
  • Revalidation Date
  • Restrictions from the GMC/NMC
  • Listed in National Performer’s List
  • Portable DBS Number
  • Smart Card Number
  • Member of National Indemnity Scheme
  • COVID -19 PCR test
  • COVID-19 Antibody Test
  • I.T systems GP proficient with
  • Bank Account Number (optional) 
  • Bank Sort Code (optional) 
  • National Insurance number (optional)
  • Driver’s License Number (optional)
  • GP Qualifications
  • Nurse Specialities
  • Referees
  • Organisations/Areas willing to work

The following Equality and Diversity Information are optional and will be used for aggregated reporting purposes only 

  • Date of birth
  • Gender
  • Ethnic Origin
  • Country of birth
  • Nationality
  • Marital Status
  • Disability/ Disability Info
  • Sexual orientation
  • Religious belief

Locums must also upload the following evidence as a minimum, however your commissioning organisation may choose to ask for additional evidence to be provided:-

  • GMC registration evidence
  • National Performers List registreation evidence
  • First Degree Certificate
  • Portable DBS Certificate
  • Safeguarding Children Training 
  • Safeguarding Adult Training 
  • Record of own vaccination 
  • Photo ID
  • Nurse Speciality evidence
  • Reference 1
  • Reference 2

At the point of registration for an account with Find Me A Locum, you will be asked to create a password and to give your email address (which will act as your username for future log ins). You must keep your username and password confidential to you at all times using it only to access and use your account and not for any other purpose. It is your responsibility to contact us immediately should you discover and or suspect any unauthorised use of your account or notice an error in the operation of your username and/or password.  You may also use the self-password reset facility available on the system to change your password.  We do advise that you regularly change your password, the system will enforce a minimum password complexity.

Any breach of these terms and conditions and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.  MLCSU will not be responsible for consequences resulting from such breaches.

Locum Sessions and Applying to Cover

Each Session(s) will be posted by the respective General Practice including all required details and any further eligibility criteria required for the Session(s). Response to any Session(s) posted is at your discretion.  We make no commitment as to how many or how often Session(s) will be posted using Find Me A Locum and we make no commitment that any of the Session(s) will be of interest to you or suitable for you to apply for.

Unless otherwise indicated in the relevant Session(s) post, each Session(s) is potentially open to many Locums who are registered with us. If you choose to apply, you should bear in mind that there may be other Locums who have chosen to apply for the same Session(s) as you.  The choice of the successful Locum for a Session(s) will be at the sole discretion of the primary care organisation posting the Session(s).

The primary care organisation, as indicated in the relevant Session(s) post, is solely responsible for describing the relevant Session(s), including its scope, start date, duration, hours, what is required of the Locum (for example, any particular expertise, qualifications, experience or travel requirements), remuneration and the deadline for applying.

Application for a posted Session(s) can be done utilising the functionality within Find Me A Locum, following the simple directions provided within Find Me A Locum.

It is the Locum responsibility to ensure that they understand the Session(s) posted in terms of the requirements and that they meet all the stated requirements. By applying for the Session(s) Locums confirm to the relevant primary care organisation that you meet all the Session(s) requirements. 

Where clarification is required for any of the Session(s) posted it is advised that Locums contact the relevant primary care organisation, using the contact details set out in the Session(s) post prior to making the application.  Locums can contact the primary care organisation using the secure one-to-one messaging function available on the system.

Sessions(s) posted may be cancelled or taken down from Find Me A Locum by the relevant primary care organisation at any time, without notice, for any reason, and you acknowledge that neither we, nor the relevant primary care organisation, will not have any liability to you if a Session(s) posting that you are interested in is taken down. We make no commitment that the relevant primary care organisation will contact you in relation to any Session(s) you choose to respond to, or that you will be considered by the primary care organisation, or that any Session(s) offer will be made to you.

If a Session(s) offer is made to you, the terms of that offer and, if you accept it, the terms of the engagement are entirely a matter between you and the relevant primary care organisation only. MLCSU do not know what those terms are and do not become involved in the negotiation of those terms in any way.  In-particular, MLCSU are in no way responsible for paying for any of the Session(s), which is entirely the responsibility of the relevant primary care organisation posting the Session(s).

You and the primary care organisation posting the Session(s) must agree all the terms applicable to the Session(s) and should ensure that an appropriate contract is in place.

User Content Standards

The following applies to any and all content of any kind you submit to or via Find Me A Locum and covers each part of any User Content as well as to its whole.

User Content must:

  • be up-to-date and only relevant to the purpose(s) of Find Me a Locum.
  • be accurate to the best of your knowledge, information and belief.
  • comply with all applicable laws in the United Kingdom.

 User Content must not:

  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations.
  • be likely to mislead or deceive any person.
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse.
  • contain any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. 

Right to Submit and Use

User Content

By submitting any User Content, you represent and warrant to us that you have the right to submit that User Content and that it does not breach the User Content standards set out above.

You agree to reimburse us, on demand, all losses, liabilities, amounts paid in settlement, costs and expenses suffered or incurred by us as a result of any claim arising out of or in connection with any User Content you submit to or via Find Me A Locum, or any use you make of Find Me A Locum otherwise than in accordance with these terms and conditions. This obligation will survive termination of your account for whatever reason.

MLCSU (or its partners) will be conducting employment and professional checks and, therefore, if any falsified submissions are identified, will be duty bound to report to the relevant authorities.

Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you if found inappropriate, at any time, with or without notice to you.

Mobile App Features and Content

You agree that downloading, accessing and use of Find Me A Locum is at your sole risk.

We reserve the right to change the format and features of Find Me A Locum and its mobile app by making an update available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated Find Me A Locum, but we may cease to provide and/or update content to prior versions of Find Me A Locum and, depending on the nature of the update, in some circumstances you may not be able to continue using Find Me A Locum until you have downloaded the updated version.

Where Find Me A Locum makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to Find Me A Locum, with or without notice to you, if we need to do so for security, legal or any other reasons. 

All information relating to a particular Session(s) and a Session(s) posting is provided by the primary care organisation and we are not liable for the completeness or accuracy of such information. Except as set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of such content of Find Me A Locum and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on such content of Find Me A Locum.

Use of Find me a Locum and its Mobile App

Subject to the following, you may retrieve and display content from the Find Me A Locum App on a mobile device. Additional terms may also apply to certain features, parts or content of the Find Me A Locum mobile app and, where they apply, will be displayed on-screen or, accessible via a link. Except to the extent expressly set out in these terms, you are not allowed to:

  • republish, redistribute or re-transmit Find Me A Locum.
  • copy or store Find Me A Locum other than for your use as permitted by these terms and as may occur incidentally in the normal course of use of your browser or mobile device.
  • store Find Me A Locum on a server or other storage device connected to a network or create a database by Systematically downloading and storing any data other than User Content from the Find Me A Locum.
  • remove or change any content of Find Me A Locum other than User Content or attempt to circumvent security or interfere with the proper working of Find Me A Locum or any server on which it is hosted.
  • use Find Me A Locum in a way that might damage our name or reputation or that of any of our affiliates; or
  • otherwise do anything that it is not expressly permitted by these terms

All rights granted to you under these terms will terminate immediately if you are in breach of any of them and may lead to prosecution.

To do anything with Find Me A Locum that is not expressly permitted by these terms, you will need a separate licence from us.

Please contact us, using the contacting us details at the end of these terms.

Suspension and Termination

We may, with or without prior notice, suspend or terminate any service and/or your use of your account and Find Me A Locum if you have breached these terms and conditions. We will determine, in our discretion, whether there has been a breach of these terms and conditions.

When a breach of these terms and conditions has occurred, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the

following actions:

  • issue of a warning to you.
  • immediate, temporary or permanent removal of any User Content submitted by you.
  • immediate, temporary or permanent withdrawal of your right to use Find Me A Locum; and/or
  • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

You may terminate your account by emailing midlands.lancashire@nhs.net.

Upon termination of your account for whatever reason, all rights granted to you under these terms and conditions will immediately cease and you must promptly discontinue all use of your account and Find Me A Locum.

Intellectual Property Rights

MLCSU license, but do not sell, to you Find Me A Locum.  You may download and use its functionality on a non-transferable basis. MLCSU remain the owner of Find Me A Locum at all times.

All intellectual property rights in Find Me A Locum and in any content of Find Me A Locum (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos), other than content added by primary care organisations, are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading Find Me A Locum or any content from Find Me A Locum.

Find Me A Locum may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that Find Me A Locum contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under these terms, and you accept and agree to be bound by such Open Source Licence Terms.

Find Me A Locum is accessible/available for download through third party App ‘stores’ and each has its own terms and conditions of use.  We are not responsible for these stores or (except for the mobile app) for anything provided by them and do not guarantee that they will be continuously available.

Our Liability

Nothing in these terms and conditions shall limit or exclude 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, under English law, be limited or excluded. Subject to this, in no event shall we be liable to you 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 you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the sum of £100.00.

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.

General

You may not transfer or assign any or all of your rights or obligations under these terms and conditions.

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at the email address we hold for you as updated by you in your account from time to time.

If we fail to enforce any of our rights, that will not result in a waiver of that right. If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between us.

These terms and conditions shall be governed by English law, and you agree that any dispute  between us regarding them or Find Me A Locum or any service offered through Find Me A Locum will only be dealt with by the English courts, provided that if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/, for as long as it continues to be relevant to the United Kingdom, provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.

Contacting Us

Please submit any questions you have about these terms and conditions or any problems concerning Find Me A Locum, or any service offered through Find Me A Locum by email to midlands.lancashire@nhs.net or write to us at:

MLCSU, Digital Innovation Unit, Heron House, 120 Grove Road, Stoke on Trent ST4 4LX