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Section A – General Terms
1.4. LOCUM NET IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. LOCUM NET’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD-PARTY PROVIDER. LOCUM NET IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD-PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD-PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF LOCUM NET AND THE SOLUTIONS PROVIDED BY THIRD-PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY LOCUM NET.
1.5 LOCUM NET IS NOT AN EMPLOYMENT AGENCY. WE DO NOT PROVIDE RECRUITMENT SERVICES. WE ARE MERELY A PLATFORM THAT ALLOW THIRD PARTIES TO INTERACT TO EACH OTHER.
2.1. “Application” means the relevant mobile application(s) made available for download by Locum Net (or its licensors) to Users and Third-Party Providers(clinics) respectively;
2.2. “Locum Net” means: 2.2.1. Locum Net Asia Sdn Bhd
2.2.3. in relation to Locum Net for Business, the entity stated at the Locum Net for Business account sign-up page in relation to; and/or
2.2.4. the relevant subsidiary, affiliate, associated company of Locum Net Asia Sdn Bhd
2.3. “LocumNet Policies” means the following:
2.3.2. the customer/ clinic Partner Code of Conduct or the Locum Net Customer Code of Conduct may be applicable; and
2.3.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government- issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
2.5. “Platform” means the relevant Locum Net technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;
2.7. “Service” means the linking of Users to Third Party Providers through the Application, Platform and/or Software;
2.8. “Software” means any software associated with the Application which is supplied made available for download and installation by Locum Net;
2.9. “Solutions” means the following services which are made available to Users through the Service (each a “Solution”):
2.9.1. Locum Net
2.9.2. Locum Net Schedule
2.9.3. Locum Net Pay
2.9.4 Any such other services which Locum Net may make available from time to time
2.10. “Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including third party merchants;
2.11. “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions; and
2.12. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable registration, bidding and any other fees or charges that may be due for a particular use of the Service or Solutions.
3. Representations, Warranties and Undertakings
3.1. By using the Service, you represent, warrant / undertake that:
3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
3.1.2. All the information which you provide shall be true and accurate;
3.1.3. You will only use the Application, Platform and Service for their intended and lawful purpose;
3.1.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.6. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
3.1.7. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
3.1.8. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
3.1.9. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
3.1.10. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
3.1.11. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Locum Net or any third party;
3.1.12. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
3.1.13. You will not copy, or distribute the Software or other content without written permission from Locum Net;
3.1.14. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Locum Net may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Locum Net has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.15. You will only use an access point or data account which you are authorized to use; 3.1.16. You agree that the Service is provided on a reasonable effort basis;
3.1.18. You agree to assist Locum Net with any internal or external investigations as may be required by Locum Net; and
3.1.19. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Locum Net or any other party as a result of your breach of this Agreement; and
3.1.20. You agree that Locum Net has the right to not allowing you, banning you or prohibit you from using our solutions without a prior notice or valid reason.
3.2. If you are a Third-Party Provider (clinics and others), you further represent, warrant / undertake that:
3.2.1. If applicable, you possess a valid medical documents and clinic grant, in order to operate a clinic or any other premises and have all the appropriate licenses, approvals and authority to provide services for hiring to third parties in the jurisdiction in which you use the Service;
3.2.2. If applicable, you own, or have the legal right and authority to operate, (“clinic”) which you intend to use when accepting Users, and such clinic is in good operating condition;
3.2.4. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your business to cover any anticipated losses related to the operation of service;
3.2.5. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, loss and property damage which is due to or is alleged to be a result of the provided by you;
3.2.6. You shall obey all local laws related to the operation of a locum service and will be solely responsible for any violations of such local laws;
3.2.7. You shall not contact Users for purposes other than in connection with the Service;
3.2.8. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
3.2.9. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
3.2.10. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of Locum Net’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Locum Net reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and
3.3. If you are a User, you further represent, warrant / undertake that: 3.3.1. Your use of the Service is for your own sole, personal use;
3.3.2. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
3.3.3. Where applicable, you agree to indicate the accurate number of hours requesting for the Service. You further acknowledge and agree that if the information on the number of hours is untrue or inaccurate, the third-party provider is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy;
3.3.4. You shall not contact the Third-Party Provider for purposes other than the Service;
3.3.5. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third-Party Provider or the clinic;
3.3.6. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;
3.3.7. Where applicable, you will not copy any content displayed through the Application or Platform, including any third-party product content and reviews, for republication in any format or media;
3.3.8. You acknowledge and agree that only one (1) account can be registered for one doctor;
3.3.9. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
3.3.10. You agree that Locum Net may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.
5. License Grant and Restrictions
5.1. Locum Net and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Locum Net and its licensors.
5.2. You shall not:
5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
5.2.2. modify or make derivative works based on the Application and/or the Software;
5.2.3. “mirror” the Application / Software on any other server or wireless or internet-based device;
5.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
5.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
5.2.6. Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights
5.2.7. Remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or
5.2.8. Use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
6.1 Payment Terms for Third Party Providers (Clinics/Others) to Users
6.1.1 Any fees which Locum Net may charge you for the Service are due immediately and are non-refundable (“Service Fee”). Subject to any limit stipulated by the applicable law, the Service Fee shall be as determined by Locum Net from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT LOCUMNET MAY NOT ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO USERS THE TOTAL AMOUNT OF WORKING FEES IN RESPECT OF YOUR PROVISION OF THE SOLUTION. YOU ARE OBLIGATED TO KEY IN THE TOTAL AMOUNT IN THE INVOICE WITHIN THE TIME LIMIT TO AVOID ANY INCONVENIENCES.
6.2 Payment Terms for Users:
6.2.1 Users are required to make sure the full payment of the locum job for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application.
6.2.3 The users can buy the Locum Net Coins and use it to get the Locum job that they desire. The users can top up their account and the money will be converted to Locum Net Coins.
7. Locum Love Loyalty Programme for Users
7.1 If you are a User using the Application, you will automatically be a member of the loyalty programme named “Locum Love Loyalty Programme” operated by Locum Net and/or its affiliate companies.
8.1. Users and Third-Party Providers may be allowed to rate each other in respect of Solutions provided.
8.2. Every rating will be automatically logged onto Locum Net’s system and Locum Net may analyse all ratings received. Locum Net may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
8.3. By using our system, you agreed that Locum Net do not actively managing the ratings unless it is required when Locum Net assume there is miscommunication or mismanagement while giving ratings. It is an absolute right to Locum Net to not disclose certain ratings to maintain harmony in using this system.
9.1. Any complaints between Third Party Providers and Users must be taken up with each other directly.
10. Repair and Cleaning Fees for Users and Third-Party Provider’s
via designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Third-Party Provider and Users has been verified by Locum Net.
11. Intellectual Property Ownership
12.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Locum Net to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
12.2. If you are a Third-Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
13.1. You shall maintain in confidence all information and data relating to Locum Net, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Locum Net (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Locum Net, or any of its affiliate
companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Locum Net’s prior written consent, disclose such information to any third party nor use it for any other purpose.
13.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
13.2.1. was at the time of receipt already in your possession;
13.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;
13.2.3. was received from a third party having the right to disclose it; or 13.2.4. is required to be disclosed by law.
14. Data Privacy and Personal Data Protection Policy
14.3. You acknowledge that Locum Net may disclose Personal Data of other individuals to you in the course of your use of Locum Net’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Locum Net, and not for any other unauthorized purposes.
15. Third-Party Interactions
15.3. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links “). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
17. Disclaimer of Warranties
17.2. Locum Net makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to Locum Net in respect of the same.
18. Internet Delays
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED
OFF OR NOT FUNCTIONING. LOCUM NET IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
19. Limitation of Liability
19.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST LOCUM NET BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. LOCUMNET AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:
19.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
19.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
19.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR
19.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,
EVEN IF LOCUM NET AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2. LOCUM NET DOES NOT WARRANT AND REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE LOCUM NET FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS
INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.
19.3. LOCUM NET WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD-PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH LOCUM NET, LOCUMNET CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD-PARTY PROVIDERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE LOCUMNET FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
19.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO USERS. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO PLACES WHICH ARE DIRTY AND NOT WELL MAINTAIN, OFFENSIVE, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
20.1. Locum Net may give notice through the Application, electronic mail to your email address in the records of Locum Net, or by written communication sent by registered mail or pre-paid post to your address in the record of Locum Net. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Locum Net (such notice shall be deemed given when received by Locum Net) by letter sent by courier or registered mail to Locum Net using the contact details as provided in the Application.
22. Dispute Resolution
25. No Waiver
26. Entire Agreement
26.1. This Agreement comprises the entire agreement between you and Locum Net and supersedes any prior or contemporaneous negotiations or discussions.
27. Suspension and Termination
27.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.
28. No Third-Party Rights or Assignment
This agreement does not give rights to any third parties who are not party to this Agreement.