In these terms and conditions:
“Pharmacy” means the person body or organisation to whom the Locum is introduced as a result of the Service.
“WeLocum” is the firm being Welocum Limited (company regn. No 09795051) with which The Pharmacy contracts for the provision of the Service.
“Locum” means the person for whom WeLocum have agreed to provide the Service in accordance with these Terms and Locum shall include Locum Pharmacists, Locum Pharmacy Technicians and Locum Pharmacy Dispensers and any other pharmacist using the services of WeLocum.
“Service” this is the service of introducing the Locum to the Pharmacy for the purposes of filling a temporary or permanent work placement. WeLocum will only provide a platform for Locums and Pharmacies to arrange work placements.
“Website” means www.welocum.co.uk and includes domains subdomains and web pages.
Supply of the Service
In consideration for the Locum agreeing to be introduced to Pharmacies by WeLocum, WeLocum shall provide the Service to the Locum subject to these Terms. Any changes or additions to the Service or these Terms must be agreed in writing by WeLocum and the Locum. WeLocum will not make a charge to the Locum for the Service.
The Service shall be provided in accordance with the Terms and any relevant terms and conditions contained on the Website and/or other published literature relating to the Service that is available from time to time. Where a conflict arises, these Terms shall take precedent.
Further details about the Service, which are not given on the Website or other promotional literature, may be made available on written request. WeLocum may at any time without notifying the Locum make any changes to the Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Service. Nothing in this Agreement obliges WeLocum to introduce the Locum to a Pharmacy and any such introduction is entirely at WeLocum’s discretion.
Liability and Each Party’s Responsibilities.
The Locum accepts that the contract of employment or engagement is between themselves and the Pharmacy. The entire responsibility and the liability for paying or providing the Locum’s remuneration is solely that of the Pharmacy. WeLocum accept no responsibility for and make no warranty or assurance that the premises in which the Locum will work complies with the standards laid down in the GPhC’s Medical Ethics and Practice Guide nor with any relevant statutory guidelines. WeLocum accept no liability for any loss resulting from non-compliance with this provision.
WeLocum accept no 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 Pharmacy whether these acts or omissions were fraudulent, negligent or through any other cause.
It is the responsibility of the Pharmacy to maintain full professional indemnity insurance cover with an insurance company of good repute. WeLocum accept no liability to the Locum for any loss resulting from non-compliance with this provision.
The Locum shall ensure that they are fully and effectively registered and legally authorised to provide all Locum services in the United Kingdom and that they maintains their appropriate qualifications and membership of all and any necessary statutory or professional bodies.
The Locum shall ensure that they are fully indemnified with their own personal indemnity insurance with a reputable company before undertaking any form of employment or engaging in pharmaceutical services.
The Locum shall at all times when undertaking work for a Pharmacy display their GPhC Registration Certificate and when appropriate their Responsible Pharmacist notice. The Locum shall at all times be punctual and act at all times in a professional and appropriate manner reflecting GPhC standards.
The Locum agrees to indemnify WeLocum against any losses suffered by WeLocum in failing to comply with the Terms.
There is no obligation for a Locum to accept any vacancy offered by WeLocum but upon acceptance of a vacancy by the Locum and by the Pharmacy a binding contract exists. The booking cannot be cancelled except with the agreement of WeLocum and the Pharmacy. If a Locum needs to cancel a confirmed booking the Locum must contact WeLocum and the Pharmacy as soon as possible using the details provided on WeLocum’s website and the Locum may be stopped from using the Service in future. A Locum may be required to attend an alternative pharmacy in order to help WeLocum or a Pharmacy provided the request is reasonable.
The Locum may be asked to vary a booking to assist a Pharmacy or WeLocum as long as this is reasonable.
WeLocum acts only as an introduction service to the Pharmacy and the Locum is responsible for their own Income Tax and National Insurance contributions.
The Locum confirms that they have a Right to Work in the United Kingdom.
If the Locum, or any third party, suffers any losses either financial or otherwise or suffers in any other way whatsoever due to any act or omission of the Pharmacy then WeLocum is in no way liable. All information supplied by WeLocum to the Locum is done so in good faith and WeLocum is in no way whatsoever responsible for any inaccuracy or omissions whether these are due to some act or omission by WeLocum or other third party or parties.
The Locum agrees to attend his or her placement procured or obtained by WeLocum dressed in manner as befits their professional status and always to abide by the General Pharmaceutical Council Standards of Conduct, Ethics and Performance. The Locum will be subject to and abide by all health and safety at work regulations, company policies and procedures and security rules.
Locums should inform WeLocum of any investigation by the police or GPhC or any other investigation, which has or may have a bearing on their continuing membership of the GPhC, or their fitness to practice. By uploading a Disclosure and Barring Service (DBS) certificate or Protecting Vulnerable Groups Scheme (PVG) certificate to the Website, you consent to WeLocum undertaking ongoing status checks as necessary and disclosing such information to pharmacies at the discretion of WeLocum.
Locums should ensure they have undertaken all necessary training and uploaded to the website all relevant proof of certification to allow them to provide the services offered by the Pharmacy, which may include but is not limited to repeat dispensing, emergency hormone contraception, medicines use reviews.
The Locum must arrive at the branch of the Pharmacy where he or she is booked to work at the allocated date and time. The Locum will only be paid from the time they arrive at the Pharmacy. If the Locum is late, they must contact the Pharmacy and advise them of their estimated time of arrival.
WeLocum reserves the right to recover losses incurred by WeLocum as a result of the failure of the Locum to perform work they have agreed to perform.
WeLocum reserves the right to cancel a confirmed booking from either the Locum or Pharmacy by giving prior notice.
The Locum agrees to check all the details of all bookings on the Website and to review the information given by WeLocum and the Pharmacy as regularly as necessary. If the Locum becomes aware of any discrepancies they will inform WeLocum well before the date of the booking.
If the Locum is unable to access the Website to check the details they will inform WeLocum and ensure they receive a confirmation of bookings via fax, email or phone in sufficient time before the date of the booking to identify and highlight any discrepancies.
It is the Locum’s duty to confirm details of their bookings with the pharmacy directly with the details obtained from the website regarding specific employment for confirmed shifts only. WeLocum take no responsibility or liability for information provided by any users of the website.
The Locum will ensure they fully read all information sent from WeLocum and immediately inform WeLocum of any issues.
The Locum will inform WeLocum if they are unable to receive emails from WeLocum and ensure they regularly contact WeLocum so WeLocum can inform them of information that is in these emails.
The Locum agrees that feedback can be left by a pharmacy in the form of a Star Rating only. The average Star Rating of a locum compared with the number of jobs undertaken will be displayed on their profile. WeLocum reserves the right to edit this at any time in any shape or form.
Using the website
WeLocum hereby grants you, for the duration of these Terms, a non-exclusive, non-transferable, revocable right and licence to access and use the website in accordance with these Terms and any written instructions provided by WeLocum.
You shall not, and shall not permit anyone else, directly or indirectly, to:
modify or reproduce any part of the website or website content,
reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Portal, unless permitted by law; or
engage in any activity whatsoever that interferes with, or disrupts, the functionality of the Portal.
Account, Password and Security
As part of signing up to use the Website, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account (employees or other third parties who you allow to access your account). You agree to immediately notify WeLocum of any unauthorised use of your account or of any other breach of security. WeLocum cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
Effect of Notification of Terms and Conditions.
These terms and conditions may only be varied with written consent of a representative of WeLocum.
These terms and conditions, save for express notification to the contrary by WeLocum, form the standard terms and conditions for all contracts to be formed between the Locum and WeLocum with regard to the introduction of the Locum to the Pharmacy.
These terms and conditions shall be governed and interpreted in accordance with English Law and the English Courts shall have jurisdiction to resolve any dispute hereunder.
If any provision or part-provision of these Terms 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 the Terms.
If one party gives notice to the other of the possibility that any provision or part-provision of these Terms 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.