Locum Terms and Conditions

Abouts Us

We are GIDI Solutions Limited (company number 13053184 with registered office at 23 Middleton Park Circus, Leeds, England, LS10 4LX) (we and us). We operate the website workflare.com (Website). Our Website provides a platform which introduces locums to organisations for the purposes of filling temporary work placements (Service).

You are a locum (Locum and you) and by registering on our Website, or, where you have been introduced to the Website by a pharmacy or an agency, by accepting any Assignment through our Website, you confirm that you agree to be bound by the Website’s Terms and Conditions outlined below.

About these Terms & Conditions

These Terms and Conditions, save for express notification to the contrary by us, form the standard terms and conditions for all contracts to be formed between you and us.

We will notify you if these Terms and Conditions are varied.

These Terms and Conditions shall prevail over any of your own terms and conditions.

Agreed Terms

Interpretation
1. The definitions and rules of interpretation in this clause apply to these Terms and Conditions.
  Assignment: the temporary services to be carried out by you for the Client.
  
  Client: means the person body or organisation to whom you are introduced as a result of the Service.
  
  Confidential Information: information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to our or the Client’s business, customers, products, affairs and finances for the time being confidential to us or the Client and trade secrets including, without limitation, technical data and know-how relating to our business or the Client’s business or any of the Client’s suppliers, customers, agents, distributors, shareholders, management or business contacts and including (but not limited to) information that you create, develop, receive or obtain in connection with the Assignment, whether or not such information (if in anything other than oral form) is marked confidential.
  
  Demand: any action, award, claim or other legal recourse, complaint, cost, debt, demand, expense, fine, liability, loss, outgoing, penalty or proceeding.
  
  Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
The agreement
1. These terms set out the entire agreement between us and you for the supply of services to a Client and shall govern all Assignments undertaken by you (including, for the avoidance of doubt, where you undertake an Assignment without having signed these terms). No contract shall exist between us and you between Assignments.
2. For the avoidance of doubt, this agreement constitutes a contract for services and not a contract of employment between us and you or between you and the Client.
Assignments
1. We are not obliged to offer an Assignment to you, and you shall not be obliged to accept any Assignment offered by us, however upon acceptance of an Assignment by you and confirmation by the Client or us, a binding contract exists. It is your responsibility to attend at the agreed date and time.
2. You acknowledge that the nature of temporary work means that there may be periods when no suitable work is available. You agree that suitability of an Assignment shall be determined solely by us and that we shall incur no liability to you should we fail to offer any Assignments.
3. We do not accept any responsibility for and make no warranty or assurance that the premises in which you will work during the Assignment complies with the standard laid down in the relevant governing body nor with any relevant statutory guidelines. We accept no liability for any loss resulting from non-compliance with this provision.
4. We do not accept any liability for any loss or damage, whether to property, loss of profits or for any injury caused to any person, resulting from the acts or omissions of the Client whether these acts or omissions were fraudulent, negligent or through any other cause.
5. It is the Client’s responsibility to maintain full professional indemnity insurance cover with a reputable insurance company. We do not accept liability for any loss resulting from non-compliance with this provision.
Your obligations
1. You are not obliged to accept any Assignment offered by us. If you accept an Assignment, you acknowledge that a binding contract exists between you and the Client (unless the Assignment is cancelled by the Client) and you shall:
  1. co-operate with the Client's reasonable instructions and accept the direction, supervision and control of any responsible person in the Client's organisation;
  2. co-operate with us in the completion and renewal of all checks required by us, including in relation to your right to work in the UK;
  3. act at all times in a professional and appropriate manner;
  4. at all times be punctual;
  5. observe any relevant rules and regulations of the Client's organisation (including normal hours of work) of which you have been informed or of which you should be reasonably aware;
  6. take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or be affected by your actions on the Assignment and comply with the health and safety policies of the Client;
  7. not engage in any conduct detrimental to our interests or the interests of the Client;
  8. comply with all relevant statutes, laws, regulations and codes of practice from time to time in force in the performance of the Assignment and applicable to the Client's business, including without limitation, any equal opportunities or non-harassment policies.
2. If, either before or during the course of an Assignment, you become aware of any reason why you may not be suitable for an Assignment, you shall notify the us without delay.
3. You shall ensure that at all times you maintain all appropriate qualifications and memberships necessary to provide locum services in the United Kingdom and to comply with your obligations under these terms.
Remuneration
1. Payments Made Simple
  1. Where possible, we will make payment to you on behalf of the Client for Assignments successfully completed.
  2. 5.1 (a) is subject to us receiving full payment from the Client for the above Assignment.
  3. We reserve the right to withdraw this payment service at any time without prior notice to you. Should this happen, you will be defaulted to Standard Payment.
2. Standard Payment
  The Client will be fully responsible for paying you directly for Assignments completed.
3. You accept that the liability for paying or providing your remuneration under both 5.1 and 5.2 above is solely that of the Client.
4. You accept that any contract of employment or engagement between you and a pharmacy or between you and an agency is your entire responsibility.
Training
No training will be provided to the locum.
Termination
1. You acknowledge that the Client may terminate the Assignment at any time without prior notice or liability.
2. You acknowledge that the continuation of an Assignment is subject to and dependent on the continuation of the agreement entered into between us and the Client. If that agreement is terminated for any reason, the Assignment shall cease with immediate effect without liability to you, except for payment for work done up to the date of termination of the Assignment.
Confidentiality
1. In order to protect our confidentiality and trade secrets and those of the Client, you agree not at any time:
  1. whether during or after an Assignment (unless expressly so authorised by the Client or us as a necessary part of the performance of their duties), to disclose to any person or to make use of any of our trade secrets or the Confidential Information or those of the Client; or
  2. to make any copy, abstract or summary of the whole or any part of any document or other material belonging to us or the Client except when required to do so in the course of your duties under an Assignment, in which circumstances such copy abstract or summary would belong to us or the Client, as appropriate.
2. The restriction in clause 8.1 does not apply to:
  1. any use or disclosure authorised by us or the Client or as required by law a court of competent jurisdiction or any governmental or regulatory authority;
  2. any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure; or
  3. the making of a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996.
3. At the end of each Assignment or on request you agree to deliver up to the Client all documents (including copies), ID cards, swipe cards, equipment, passwords, pass codes and other materials belonging to the Client which are in your possession, including any data produced, maintained or stored on the Client's computer systems or other electronic equipment.
Data protection

By accepting these Terms and Conditions you agree that we may collect, store and use information about you in accordance with our privacy policy which is found on our Website or a copy is available upon request. You acknowledge and agree to be bound by the terms of our privacy policy.

Warranties and indemnities
1. You warrant that:
  1. any information supplied to us is correct;
  2. you have the experience, training, qualifications and any authorisation which the Client considers are necessary or which are required by law or by any professional body for you to possess in order to perform the Assignment;
  3. you are not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business or client) or any other reason, from fulfilling your obligations under any Assignment; and
  4. you have valid and subsisting leave to enter and remain in the United Kingdom and you are not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.
2. You shall indemnify and keep indemnified us and the Client against all Demands (including legal and professional fees and expenses) which we or the Client may suffer, sustain, incur, pay or be put to arising from or in connection with:
  1. any failure by you to comply with your obligations under these terms and conditions;
  2. any negligent or fraudulent act or omission by you;
  3. the disclosure by you of any Confidential Information;
  4. any employment-related claim brought by you in connection with the Assignment;
  5. the infringement by you of the Client’s Intellectual Property Rights.
No partnership or agency
1. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
2. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
Severance
1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
2. If [one party gives notice to the other of the possibility that] any provision or part-provision of this agreement 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.
Governing law
These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.