Terms & Conditions between Job4Locum and Locums
MIMS Career Sdn. Bhd, registered number 1199876-U (including Job4Locum) operating as an Employment Agency under License number JTK 2998.
Description of J4L Services
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.
To enjoy the J4L Services you must register an account through the Platform ("User Account") and in doing so you agree to be bound by these Terms, which shall govern your use of the J4L Services.
You are only eligible to register a User Account if all information that you provide when registering is current and accurate. You hereby undertake that it is your responsibility to keep all your information up to date.
On registering with J4L to use the J4L Services, you will be issued with a user name and password which must be used in order to access the J4L Services. The user name and password will be unique personal information to you and cannot be transferable.
In order to use the J4L Services you must populate the member profile. You warrant and represent that all information provided on registration and contained in the member profile is, and continues to be, accurate and not misleading.
Your unique user name and password are the methods used by us to identify you and is hence very important. You are responsible for any and all information posted on the Platform by anyone using your user name and password. Any breach of security of a user name and password should be notified to J4L immediately.
You may not adapt or circumvent the systems in place in connection with the Platform, nor access the J4L Services other than for the purposes contemplated in these Terms.
Use of J4L Services
The J4L Services may only be used by individuals (and suppliers of individuals) seeking assignments as locum and by Hirer seeking the same. Your use of the J4L Services is subject to any other contracts that you may have with J4L. If there is any conflict or inconsistency between these Terms and the contract you have with J4L, the terms of your contract will take precedence.
You agree to use the Platform and the J4L Services only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use of the J4L Services.
You are permitted to download and print content from the Platform solely for your personal use. However, the Platform content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any reason without J4L's express written permission. You are not entitled to use the content of the Platform for commercial exploitation in any circumstances.
By using the Platform and/or the J4L Services, you agree not to:
use the Platform, the J4L Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, racially, sexually, religiously, or otherwise objectionable and offensive;
use the J4L Services for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another person's User Account without permission;
provide false or inaccurate information when registering a User Account, using the J4L Services or communicating with other users;
attempt to re-register with the J4L Services if we have terminated your User Account for any reason;
interfere or attempt to interfere with the proper functioning of the J4L Services;
make any automated use of the system, or take any action that J4L deems to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any measures J4L takes to restrict access to the J4L Services or use any software, technology, or device to scrape, spider, or crawl the J4L Services or harvest or manipulate data;
use the communication systems provided by or contacts through the J4L Services for any commercial solicitation purposes; or
publish or link to malicious content intended to damage or disrupt another user's browser or computer.
You shall indemnify J4L in respect of any loss it may suffer as a direct or indirect result of any breach by you of the Use of J4L Services terms or any other breach by you of these Terms.
You are solely responsible for your slot requests (i.e. requests you may make to fill a vacancy or undertake an engagement) on the Platform. J4L shall not be an employer with respect to your use of the J4L Services and J4L shall have no responsibility for engagement or employment decisions made by a Hirer.
You agree that each slot request shall not contain inaccurate, false, or misleading information. J4L reserves the right to remove any slot requests or content from the Platform which, in J4L's opinion, does not comply with these Terms or if any of the content is not in the best interests of J4L.
You agree that a contract relating to an engagement with a Hirer will be deemed to have been entered into between the Hirer and you when:
(a) (in the case of a HCP who is one of the HCPs in the 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) you indicates via the Platform that you will undertake the relevant engagement; or
(b) (in the case of any other HCP) you indicates via the Platform that you will undertake the relevant engagement and the Hirer indicates via the Platform that it agrees to engage you for that engagement.
You acknowledged that we shall not be liable to you in the event the slot request cancelled by the Hirer after you have accepted the assignment.
J4L shall charge the HCP RM10.00 per successful slot request. Such payment shall be made by HCP within 30 days from the date of J4L invoice to HCP.
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 Services 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 vacancies published, via the J4L Service, or the ability of Hirer's to offer opportunities to HCPs 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 are 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 5,000.00 only.
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.
J4L reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Platform and the J4L Services, to remove your User Account and/or any User Content posted by or about you, from the Platform, and/or to terminate your registration with the J4L Services, with or without notice if J4L determines that you are not eligible to use the J4L Services, 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 Services generally. These Terms will remain in full force and effect while you are a user of the Platform or a registered user of the J4L Services. 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 Services 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 Services 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 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 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 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 Services. Your continued use with the 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.