User Agreement

Complete terms and conditions governing your use of LocumsBook's healthcare job marketplace platform, including services for professionals, employers, and job booking systems.

Effective Date: April 19, 2020
Comprehensive Legal Agreement

This User Agreement covers all aspects of our platform including general terms, job booking services, and permanent job advertising.

Legally Binding Contract

Our Mission

Our business is to connect employers to a repository of verified healthcare professionals on a web or mobile platform to allow them to be more productive by engaging each other's services. Our services are engineered to promote economic and learning opportunity for our members by enabling you and other professionals to meet, find job opportunities, engage services, learn, work, and make decisions in a network of trusted professional relationships.

PART A: FOR ALL USERS

1. Introduction

1.1 Contract

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

Legally Binding Agreement

You agree that by clicking "Create Your Account", "Sign Up" or similar, registering, accessing or using our services, you are agreeing to enter into a legally binding contract with LocumsBook (even if you are using our Services on behalf of a company).

Don't agree? If you do not agree to this contract, do not click "Sign Up" and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This Contract applies to locumsbook.com, LocumsBook app(s) and other services that state that they are offered under this Contract ("Services"), including the offsite collection of data for those Services, such as our ads and the "LocumsBook" plugins.

Members
Registered users of our Services
Visitors
Unregistered users with limited access
Data Controller

LocumsBook Inc. will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services. As per POTRAZ regulations we have a Data Protection Officer.

1.2 Members and Visitors

When you register and join the LocumsBook Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a "Visitor."

1.3 Change

We may make changes to the Contract.

We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective.

We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2. Obligations

2.1 Service Eligibility

Here are some promises that you make to us in this Contract:

Age Requirement

The Services are not for use by anyone under the age of 18.

Minimum Age: 18 Years Old

To use the Services, you agree that:

  • You must be the "Minimum Age" (18 years old) or older
  • You will only have one LocumsBook account, which must be in your real name
  • You are not already restricted by LocumsBook from using the Services
Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

"Minimum Age" means 18 years old. However, if law requires that you must be older in order for LocumsBook to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account
Security Requirements
  • Use a strong password and keep it confidential
  • Not transfer any part of your account
  • Follow the law and our list of Dos and Don'ts
Account Responsibility

You are responsible for anything that happens through your account unless you close it or report misuse.

Account Ownership

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. recruiter managed by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

2.3 Fees and Payment
Current Fee Structure

Fees for now apply to advertising of jobs by employers to use our Website or application. Premium Services will come soon.

2.4 Notices and Messages

You're okay with us providing notices and messages to you through our website, app(s), and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways:

Within the Service

Through our platform notifications

Contact Information

Email, mobile number, physical address

You agree to keep your contact information up to date. Please review your settings to control messages you receive from us.

2.5 Sharing
Information Sharing Policy

When you share information on our Services, others can see, copy and use that information.

Our Services allow sharing of information in many ways, such as your profile, articles, links to news articles, job postings, messages and mails. Information and job content that you share or post may be seen by other Members, Visitors or others (including off of the Services).

Privacy Protection for Job Searching

For job searching activities, we default to not notifying your connections network or the public. If you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the employer.

Content Control: We are not obligated to publish any information or content on our Service and can remove it with or without notice.

3. Rights and Limits

3.1 Your License to LocumsBook
Content Ownership

You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.

As between you and LocumsBook, you own the content and information that you submit or post to the Services, and you are only granting LocumsBook and our affiliates the following non-exclusive license:

License Terms: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others.

These rights are limited in the following ways:
  • You can end this license for specific content by deleting such content from the Services, or generally by closing your account
  • We will not include your content in advertisements for third parties without your separate consent
  • We will get your consent if we want to give others the right to publish your content beyond the Services
  • While we may edit and make format changes to your content, we will not modify the meaning of your expression
Your Responsibility: You promise to only provide information and content that you have the right to share, and that your LocumsBook profile will be truthful.
3.2 Service Availability
Service Changes

We may change, suspend or discontinue any of our Services. We don't promise to store or keep showing any information and content that you've posted.

Storage Notice: LocumsBook is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps
Use at Your Own Risk

Your use of others' content and information posted on our Services, is at your own risk.

Others may offer their own products and services through our Services, and we aren't responsible for those third-party activities.

Professional Services Connection

LocumsBook helps connect Members offering their professional services with Members seeking services (employers). Important points:

  • LocumsBook does not perform nor employs individuals to perform these services
  • You must be at least 18 years of age to offer, perform or procure these services
  • LocumsBook does not supervise, direct, control or monitor Members in the performance of these services
  • Nothing shall create an employment, agency, or joint venture relationship between LocumsBook and any Member offering services
If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with the relevant profession.
3.4 Rating

LocumsBook allows users to rate a job seeker or employer job as optional. Only users who engage in a job transaction or exchange will be able to rate on LocumsBook.

Rating Features
  • Optional rating system
  • Inherent scores for users without ratings
  • Privacy protection for reviews
Platform Role
  • Communications platform provider only
  • No endorsement of users
  • No guarantees provided
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON OUR WEBSITE OR APPLICATION IS SOLELY AND ENTIRELY AT YOUR OWN RISK.
3.5 Limits

We have the right to limit how you connect and interact on our Services.

LocumsBook reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. LocumsBook reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services.

3.6 Intellectual Property Rights

We're providing you notice about our intellectual property rights.

LocumsBook reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. LocumsBook logos and other LocumsBook trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of LocumsBook.

3.7 Automated Processing

We use data and information about you to make relevant suggestions to you and others.

We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to employers. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.

4. Disclaimer and Limit of Liability

4.1 No Warranty

LOCUMSBOOK AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS.

4.2 Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LOCUMSBOOK WILL NOT BE LIABLE FOR LOST PROFITS, REPUTATION, LOSS OF DATA OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

4.3 Basis of the Bargain: The limitations of liability are part of the basis of the bargain between you and LocumsBook and shall apply to all claims of liability even if LocumsBook has been told of the possibility of any such damage.

4.4 Status: Nothing in this agreement shall create or be deemed to create a partnership or the relationship of employer and employee between you and us. We cannot guarantee that you will be provided with work or that employers will find job seekers.

5. Termination

We can each end this Contract, but some rights and obligations survive.

Both you and LocumsBook may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services.

The following shall survive termination:
  • Our rights to use and disclose your feedback
  • Members and/or Visitors' rights to further re-share content and information you shared
  • Specific sections of this Contract as noted

You can close your account in the settings.

6. Governing Law and Dispute Resolution

Jurisdiction: Zimbabwe

You and LocumsBook agree that the laws of the State of Zimbabwe, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract. All claims and disputes can be litigated only in the state courts in Harare, Zimbabwe.

7. General Terms

If a court finds any part of this Contract unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent.

This Contract is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

You may not assign or transfer this Contract to anyone without our consent. However, LocumsBook may assign this Contract to its affiliates or a party that buys it without your consent.

8. LocumsBook "Dos and Don'ts"

LocumsBook is a community of healthcare professionals. This list of "Dos and Don'ts" limit what you can and cannot do on our Services.

8.1 Dos

You agree that you will:

  • Comply with all applicable laws, including privacy laws, health laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements
  • Provide accurate information to us and keep it updated
  • Use your real name on your profile
  • Use the Services in a professional manner
8.2 Don'ts

You agree that you will NOT:

  • Create a false identity or misrepresent yourself
  • Use software, scripts, robots or other means to scrape the Services
  • Override security features or bypass access controls
  • Copy or distribute information without consent
  • Violate intellectual property rights
  • Post harmful code or viruses
  • Reverse engineer our technology
  • Monetize the Services without consent
  • Use bots or automated methods
  • Interfere with service operation

9. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

PART B: SPECIFIC TO THE JOB BOOKING SERVICE

Job Booking Service

How the Job Booking Service Works

Healthcare professionals can register and set preferences such as location. When employers submit shift notices, they're sent to job seekers whose preferences match. Job seekers can apply, and employers use their dashboard to select approved applicants.

Platform Role

We act solely as a communications platform provider. We do not endorse nor guarantee any employer or job seeker applicants. YOUR USE OF OUR WEBSITE AND SERVICES IS SOLELY AT YOUR OWN RISK.

No Guarantees

We cannot guarantee that job seekers will be provided with work by employers, or that employers will engage job seekers to cover shifts.

Information Use

The platform functions so that job seekers receive shift notices that suit their preferences. All information shared is confidential and must only be used for assessment and service provision purposes.

Shift Notices (Employers)

By submitting a shift notice, you warrant that:

  • All details are accurate, complete and up to date
  • You have all required consents and authorizations
  • You will not breach any applicable legislation or contractual terms
Employer Responsibilities

In respect of bookings, you agree:

  • Not to ask job seekers to provide services that differ materially from the shift notice
  • To comply with all applicable employment, health and safety legislation
  • To treat job seekers with respect and provide safe working conditions
  • Not to contact job seekers directly for further opportunities after shift completion
Cancellations
Employer Cancellations

May cancel until applicant details are sent to portal

Applicant Cancellations

Must notify employer immediately. Penalties may apply

Job Seeker Warranties

By applying to provide services, you warrant that:

  • You have all required credentials and experience
  • You are available, able and willing to provide the services
  • You are not aware of any reasons preventing you from fulfilling the booking
  • You consent to us sending your profile to the employer
  • You agree to fulfill the booking in accordance with the shift notice

PART C: SPECIFIC TO PERMANENT JOB ADVERTISING SERVICE

Permanent Job Advertising Service

Service Description

We provide a service to all employers whereby they may advertise vacancy positions for permanent employment posts on our website or application. For more information contact admin@locumsbook.com.

All of our standard conditions in Part B above relating to the advertising by an employer of a shift notice shall apply equally to all advertising for permanent positions.

Healthcare Professional Response Process

Healthcare professionals wishing to respond to any external permanent job offers advertised must do so directly to the advertiser. We are not involved in the recruitment process of external job adverts.

Limited Role

Our role in external job adverts is limited to acting as a communications platform. We take no responsibility for the content of any external advert, which is entirely the responsibility of the employer who provided the advert.

PART D: HOW TO CONTACT US

Contact Information

Chatbot Support

Our chatbot +263717457538 will provide personalised information about our Services.

General Inquiries

For general inquiries, contact us online at admin@locumsbook.com

Legal Notices & Service of Process

For legal notices or service of process, you may write us at:

LocumsBook Inc.
Stand 2252, Westlea
Harare, Zimbabwe
This User Agreement is effective as of April 19, 2020