Term & Conditions between Job4Locum and Clinics
MIMS Career Sdn. Bhd, registered number 1199876-U (including Job4Locum) operating as an Employment Agency under License number JTK 2998.
Job4Locum ("J4L") is in the business of providing a web-based platform to help Healthcare Professionals ("HCP") to find Clinic/Hospital ("Hirer") who want to engage/hire HCP to provide locum services. (or vice versa).
J4L does not refer, recommend and endorse either Hirer or HCP, and J4L shall not be responsible for any engagement or employment decisions. J4L provides a platform through which HCP and Hirer can connect with each other and where Hirer can post assignment opportunities and search for and evaluate assignment candidates, and where candidates can post individual profiles and search for and evaluate assignment opportunities.
J4L is merely a connecting platform and is not involved in the actual engagement between Hirer and HCP and any direct or indirect engagement of a HCP by a Hirer is subject to and governed by separate terms and conditions. These Terms do not affect either a Hirer's or a HCP's rights in respect of such engagement.
The Hirer has the obligation to pay the HCP for the HCP’s services.
Definitions and interpretation
The meaning of the terms used in these Terms shall be as defined in each of the following items.
"Attendance Record" means a record posted on the relevant part of the Platform, or such other system as is used to record the time and attendance details of HCP on Engagements, from which electronic timesheets are generated.
"Engagement" means a HCP's engagement by the Hirer on the terms set out in the HCP Agreement.
"Engagement Details" means any terms entered on the Platform relevant to an Engagement or proposed Engagement and including the general requirements of a potential Slot posted by the Hirer on the Platform, including start time, end time, type of work including the structure of the day (stating clearly if there are catch up slots for example and also rates of pay, if different, for non-patient facing time slots) and if there are any additional requirements including (without limitation) any form of standard agreement setting out the terms of a HCP Agreement, home visits, administrative tasks, follow ups, telephone consultations, prescriptions, number of patients to be seen in the time, location, travel information to the practice, fee rate, and health and safety details.
"HCP Agreement" means an agreement between the Hirer and the HCP in the standard form (specific to that Hirer) as may be set out (or referred to or linked to) in the Engagement Details (and in either case incorporating relevant details from the Engagement Details).
"HCP Services" means the services to be performed by a HCP in relation to an Engagement.
"Introduction" means the Hirer directly or indirectly receiving, viewing or having access to any information via the Platform which identifies or relates to a person who may act as a HCP. The date of Introduction shall be the date that the Hirer obtains any such information.
"Loss" means any demand, contribution, claim, action, proceeding, liability, loss, damage, costs, expenses, tax, national insurance contributions (to the extent permitted by law) and charges and any related penalties, fines or interest whatsoever whether founded in statute, contract, tort or otherwise made or brought against or incurred (including without limitation all losses, liabilities and costs incurred as a result of defending or settling any claims).
"J4L Service Fee" means the fee payable by the Hirer to J4L.
"Slot" means the specific details of a potential vacancy at the Hirer (in respect of which the Hirer has issued a Slot Notification).
"Slot Notification" means a notification by the Hirer to the HCP through the Platform of a vacancy to perform the HCP Services in accordance with Engagement Details and these Terms.
J4L shall (subject to availability) provide systems which may facilitate the introduction of a HCP to fill a Slot and perform an Engagement in accordance with the terms of these Terms.
J4L will use its reasonable endeavours to carry out certain other checks (as may from time to time be specified by it on the Platform) on HCP who register on the Platform.
The Hirer agrees that by submitting a Slot Notification on the Platform the Hirer has given J4L authority to provide a system under which the Hirer may try to find a HCP for that Slot.
The Hirer warrants, represents and undertakes that:
(a) when submitting a Slot Notification or other records or details relating to an Engagement it will not breach or directly or indirectly cause J4L to breach any anti-discrimination laws or provide any information or make any requests that may bring J4L into disrepute;
(b) it will not block a HCP or prospective HCP from work with the Hirer for any reason that is of an unlawfully discriminatory nature, or that may bring J4L into disrepute; and
(c) all information provided by the Hirer in the form of Engagement Details or otherwise for the purposes of the Engagement will be true and accurate and up to date; and
(d) it will supply information to J4L via the Platform confirming the performance of the HCP Services by appropriate completion of the Attendance Record.
The Hirer agrees that it shall give to J4L in the Engagement Details and/or otherwise as requested by J4L information confirming:
(a) the identity of the Hirer;
(b) the date on which the Hirer requires provision of the HCP Services to commence and the duration or likely duration of provision of the HCP Services;
(c) the experience, training, qualifications and any authorisations which the Hirer considers are necessary, or which are required by law or by any professional body, in particular the Malaysia Medical Council for the HCP to possess in order to provide the HCP Services. For the avoidance of doubt J4L will not carry out checks in relation to these and it is agreed that (unless specifically agreed otherwise with J4L in writing) responsibility for such checks will rest with the Hirer;
(d) what is needed by J4L to carry out the J4L checks;
(e) when the Hirer has directly engaged a HCP formerly introduced by J4L to the Hirer so that the appropriate J4L Service Fee can be calculated and invoiced in respect of that engagement; and
(f) that they are a genuine hirer of HCP Services being a hirer who supplies medical services and who does not supply such services to any intermediary or supplier of medical services and not a locum agency (whether acting as an employment agency or employment business or otherwise).
The Hirer shall:
(a) (where it decides to engage a HCP) engage each HCP on the terms of a HCP Agreement;
(b) carry out risk assessments of the HCP Services to be undertaken and notify the HCP and immediately of any specific or potential hazards relating to the Engagement and any precautions the HCP should take in relation to such risks;
(c) not allow the HCP to undertake any work that is hazardous without first undertaking a risk assessment and notifying the HCP of any risks identified;
(d) if applicable, make clear to the HCP what rules (including but not limited to health and safety, site and security policies, procedures and regulations) apply in respect of the location(s);
(e) ensure that any and all equipment, and protective clothing are in good order and are suitable, safe and comply with all relevant health & safety legislation;
(f) notify J4L immediately if it is dissatisfied with the performance by the HCP of the HCP Services; and
(h) (without limitation to the above) not commit any act or omission constituting unlawful discrimination against or harassment of any HCP in connection with the performance of the HCP Services.
The Hirer acknowledged that J4L shall not be liable to any party in the event the slot requested cancelled by the HCP after HCP have accepted the assignment.
J4L shall charge the Hirer RM10.00 per successful Slot request. Such payment shall be made by Hirer within 30 days from the date of J4L invoice to Hirer.
Subject to these Terms, the Hirer may use the Platform to issue Slot Notifications and Attendance Records.
J4L shall operate the Platform so that HCP are able to apply for Slot that the HCP state they are qualified to perform.
A contract relating to an Engagement will be deemed to have been entered into between the Hirer and the HCP (on the terms of the HCP Agreement) when:
(a) (in the case of a HCP who is one of the HCPs in that Hirer's "locum bank" (as outlined on the Platform or on such other basis as the Hirer and J4L may from time to time agree) a HCP indicates via the Platform that he or she will undertake the relevant Engagement; or
(b) (in the case of any other HCP) a HCP indicates via the Platform that he or she will undertake the relevant Engagement and the Hirer indicates via the Platform that it agrees to engage that HCP for that Engagement.
Termination of J4L Services
J4L may change the contents of all or a part of the J4L Services and Platform or suspend the provision of the J4L Services and Platform without prior notice to you whenever it deems necessary; provided, however, that, J4L shall promptly notify you to such effect. J4L shall not be liable in any way for any damage suffered by you or third parties arising from the delay, suspension, change, termination, registration, prohibition of use, or suspension of use of the J4L Service and Platform, unless it is resulting from J4L's willful act or gross negligence.
J4L is not responsible for user content, the quality, safety or legality of the jobs or slots published, via the J4L Service, or the ability of Hirer's to offer opportunities to HCP and J4L makes no representations about any jobs, or user content on the Platform. While J4L reserves the right in its sole discretion to remove user content, or other material from the Platform from time to time, J4L does not assume any obligation to do so, and to the fullest extent permitted by law, excludes any liability for failing to take any such action.
You agree that the J4L Services is provided without warranty and we do not warrant or represent that the J4L Services will meet your requirements or that its operation will be uninterrupted or error free. We do not make any warranty as to the accuracy or reliability of any information obtained through the J4L Services.
The Platform may contain links to other websites. We accept no responsibility or liability for any material supplied or contained on any third party websites which is linked from or to the Platform, or any use of Personal Data by such third party.
We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of these Terms and our liability in these circumstances is limited as set out below.
In no event shall we, persons who act on our behalf, and/or persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to these Terms (whether in contract, tort (including, without limitation, negligence) or otherwise):
- any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such loss of profits, goodwill, business, contracts, revenue or anticipated savings;
- any loss or corruption of data; or
- any loss or damage whatsoever which does not stem directly from, or which results only as a consequence of, any loss or damage caused by our breach of these Terms.
Notwithstanding the above, our total liability (whether in contract, tort, negligence or otherwise) to you, for any loss or damage shall, be limited to RM 5,000.
Nothing in these Terms shall exclude or limit J4L's liability which cannot by law be limited or excluded.
You agree to indemnify, defend and hold harmless J4L and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable legal fees and costs incurred by J4L in connection with any claim by a third party (including an intellectual property claim) arising out of:
(i) the materials and content you submit, post or transmit through the Platform, or
(ii) your use of the Platform or the J4L Services in violation of these Terms or in violation of any applicable law.
Copyrights in the texts, images, videos, music, voices and programs configuring the Platform shall belong to J4L.
You shall not reprint, replicate, analyze, modify, translate, lease, sell, distribute or create derivative works in connection with the rights set out in the preceding paragraph without the approval of J4L or the author.
J4L reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Job4Locum Web Platform and the J4L Service, to remove your User Account and/or any User Content posted by or about you, from the Job4Locum Web Platform, and/or to terminate your registration with the J4L Service, with or without notice if J4L determines that you are not eligible to use the J4L Service, and/or have violated any of these Terms.
J4L reserves the right, at its reasonable discretion, to apply procedures to detect and prevent breaches of these Terms or to monitor use of the J4L Service generally. These Terms will remain in full force and effect while you are a user of the Job4Locum Web Platform or a registered user of the J4L Service. J4L reserves the right to close your User Account and terminate these Terms with you at any time by providing you with thirty (30) days’ notice if J4L ceases to provide the J4L Service in Malaysia. J4L reserves the right to close your User Account and terminate these Terms with you at any time after a significant duration of activity. If J4L terminates your User Account because of a breach by you of these Terms, you agree that you will not seek to register with the J4L Service again, whether using the same or a different identity to that under which you were originally registered.
Changes to these Terms
These Terms may be amended by J4L in its discretion from time to time and the latest version will always be available on the Job4Locum Web Platform. Any new version of these Terms shall take effect, and will govern the J4L Service and your relationship with J4L:
(i) immediately upon the date of posting on the Job4Locum Web Platform where the changes to these Terms relate to a new feature/service or non-material changes, which (in either case) do not reduce your rights or increase your liability to us; or
(ii) no less than thirty (30) days after the date of posting on the Job4Locum Web Platform where the changes to these Terms potentially reduce your rights or potentially increase your liability to J4L. Please make sure you check for updates to these Terms each time you use the J4L Service. Your continued use with the Job4Locum Web Platform after these updates have been made will constitute your continued acceptance of these Terms.
If any of the terms in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.
Only you and J4L shall be entitled to enforce these Terms. No third party shall be entitled to enforce these Terms.
These Terms are governed by the law of Malaysia. In the event of any matter or dispute arising out of or in connection with these Terms, you and J4L shall submit to the exclusive jurisdiction of the courts of Malaysia.