Information about us:
www.indexr.co.uk, www.locumindexr.com & www.ITindexr.com are websites operated by IndexR Ltd (hereafter referred to as “IndexR”, “Locum IndexR”, “IT IndexR”, “we”, “us” or “our”).
IndexR Ltd is a company registered in England and Wales under registration number 10058360 and its registered office is 28 Chocolate Studios, 7 Shepherdess Place, London, N1 7LJ.
For any queries about our Terms and Conditions or further queries about our service please contact firstname.lastname@example.org.
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this or our site(s).
“Service” means collectively any online facilities, services, tools or information that IndexR makes available through this or our site(s), via WebApp or via a Published App now or in the future.
“Platform” means any online communications infrastructure that IndexR makes available through the website(s) now or in the future. This includes, but is not limited to, registration, web-based email, email links, live chat facilities, message boards and WebApps.
Accessing our site and availability:
IndexR aims to update our site(s) regularly and reserves the right, without notice, to alter, update, withdraw, suspend, amend or discontinue any part (or the whole) of the site including, but not limited to, the products and/or services available. Our Service is provided “as is” and on an “as available” basis.
IndexR Ltd makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate or up to date.
No part of the IndexR website is intended to constitute legal, professional or other advice and the content of the site should not be relied upon when making any decisions or taking any action of any kind.
Whilst IndexR uses reasonable endeavours to make sure the site is secure and free of errors, viruses and other malware, all persons accessing the site are advised to take responsibility for the security of their own personal details and their computers or other devices used to access the site.
About our Service:
Thank you for visiting the IndexR website. We operate as a software matching platform provider that helps NHS Trusts and Locum Doctors, Nurses, Allied Health Professionals and Non-Clinical staff (“Resources”) to connect directly with each other to book Locum work.
Our software matching platform forms part of an online and mobile service which allows organisations searching for resources (“Client(s)”) to directly access pools of available skilled and pre-vetted resources (“Locum(s)”).
IndexR is not an employment or recruitment agency. We do not employ Locums but rather supply a vehicle for Clients to match their requirements with available candidates. Moreover, our intelligent software matches candidates automatically without the requirement for Locums to search for jobs. Our Clients and/or third party service providers employ and are responsible for compliance sign-off with all applicable employment and other related laws. IndexR shall not be responsible for any engagement or employment decisions made by our Clients and/or third party service providers.
Our software enables Locums to prepare compliance, qualification and experience information within their individual profile to assist our Clients to make informed, quick resourcing decisions.
We are not involved in the actual engagement between Clients and Locums. Any direct or indirect engagement of a Locum by a Client is subject to and governed by separate terms and conditions which do not affect either a Client’s or a Locums rights in respect of such engagement.
For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Regulations”), IndexR is not an employment agency or employment business and generally does not introduce or supply work-seekers to hirers or hirers to work-seekers. It is recommended that, if you are a Locum, you undertake the steps set out in the Regulations to ensure your suitability for the role made available by the Client.
These could include but are not limited to:
- Checking the identity of the Client and the nature of its business;
- Checking the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety;
- Ensuring experience, training, qualifications and authorisation which the Client considers necessary or are required by law or otherwise to undertake the position are in place; and
- Providing any requirements imposed by law or otherwise for you to satisfy before taking up a position.
The Client has the obligation to pay Locums for services provided however, from time to time, IndexR may, acting as the Client’s agent, arrange payment for the services delivered by Locums to the Client.
Registering with IndexR:
To utilise the IndexR Service you must register an account (“User Profile”) through the Platform and in doing so you agree to be bound by these Terms, which shall govern your use of the IndexR Service.
You are only eligible to register a User Profile if all information that you use to register is accurate and current. You will only be activated onto our platform, at such time this information has been validated by IndexR. Each Locum may register one User Profile only. It is your responsibility to keep all your information up to date.
On registering with IndexR to use the Service, you will be issued with a user name and password which must be used to access our Service. The user name and password are personal to you and are not transferable to any other individual or team. To use the Service, you must populate the user profile information. You warrant and represent that all information provided on registration and contained in the user profile is, and continues to be, accurate and not misleading.
Your user name, password and picture are the methods used by us to identify you and so are very important. You are responsible for all information loaded 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 IndexR immediately. You may not adapt or circumvent the systems in place around our Platform, nor access our Service other than for the purposes set out in these Terms.
Using our Service:
The IndexR Service may only be used by individuals (and suppliers of individuals) seeking assignment of Locum roles and by Clients seeking the same. Your use of our Service is subject to any other contracts that you may have with IndexR. If there is any conflict or inconsistency between these Terms and the contract you have with IndexR, the terms of your contract will take precedence.
You agree to use the IndexR Platform and IndexR Service 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 our Service.
You are permitted to download and print content from the IndexR Platform solely for your personal use. IndexR content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any reason without our express written permission. You are not entitled to use the content of the Platform for any commercial exploitation under any circumstances.
By using the IndexR Platform and/or the IndexR Service, you agree not to:
- use the IndexR Platform, the IndexR Service, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the IndexR Service 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 or Profile without permission;
- provide false or inaccurate information when registering a User Account or Profile, using the IndexR Service or communicating with other users;
- attempt to re-register with the IndexR Service if we have terminated your User Account or Profile for any reason and/or not activated your user profile;
- interfere or attempt to interfere with the proper functioning of the IndexR Platform or Service;
- make any automated use of the system, or take any action that IndexR deems to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any measures IndexR takes to restrict access to the IndexR Platform or Service or use any software, technology, or device to scrape, spider, or crawl the Platform or Service or harvest or manipulate data;
- use the communication systems provided by or contacts through the IndexR Platform or Service 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 IndexR Ltd in respect of any loss it may suffer as a direct or indirect result of any breach by you of the “Using our Service” terms or any other breach by you of these Terms.
You are responsible for any content, messages, reviews, feedback or profiles (“User Content“) that you submit, post or display on our Platform, or transmit to other users of the indexR Service. You will not provide inaccurate, misleading, defamatory or false information onto the
Platform or to any other user of the IndexR Service, and all opinions stated as part of User Content must be genuinely held. You represent and warrant to us that you have the right and authority to post all information you post about yourself or others on the Platform.
By submitting, posting or displaying User Content on the Platform, you grant IndexR a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to reproduce, adapt, distribute and publish such User Content through the IndexR Service.
IndexR reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion and shall comply with the Data Protection Act 1988 in relation to sensitive personal data. IndexR may moderate, review and remove any User Content that, in its sole opinion, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, other users of the IndexR Service. IndexR reserves the right to prevent further access to the IndexR Service for violating the Terms or applicable laws, rules or regulations.
IndexR does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by users of the IndexR Service nor does IndexR endorse any opinions expressed by users of the IndexR Service.
You are solely responsible for your personal Locum bookings “Bookings” (i.e. booking requests you may accept to fill a vacancy or undertake an engagement with a Client) on the IndexR Platform. IndexR shall not be an employer with respect to your use of the IndexR Service and IndexR shall have no responsibility for engagement or employment decisions made by a Client.
You agree that your user profile and any other information you provide a Client either directly or via the IndexR platform and/or Service shall not be inaccurate, false, or misleading. IndexR reserves the right to remove or cancel any bookings made or content provided by you via the IndexR Platform which, in our opinion, does not comply with these Terms or if any of the content is not in the best interests of IndexR.
You agree that a contract relating to an engagement with a Client will be deemed to have been entered between the Client and you when:
(a) the Locum indicates via the IndexR Platform that he or she will undertake the relevant engagement by accepting the booking request from a Client (in the case of a Locum who is an activated, vetted and a registered user of the IndexR platform and/or service or on such other basis as the Client and IndexR may from time to time agree); or
(b) the Locum indicates via the IndexR Platform that he or she will undertake the relevant engagement and the Client indicates via the IndexR Platform that it agrees to engage that GP for that engagement (for example via direct platform communications).
By registering a User Account or Profile to use the IndexR Platform and/or Service as a Locum you consent to IndexR’s use of your information to verify such information, including passing onto a third parties, to evaluate the accuracy of the information (“Locum Checks“). IndexR will not seek your further consent prior to carrying out the Locum Checks and you acknowledge that certain sensitive information may be included in the Locum Checks. The Locum Checks which IndexR will perform are in-line but not limited to NHS Employment Checks and are set out in more detail in our Vetting Checklist section on our site.
Limitation of liability:
You agree that the IndexR Service is provided without warranty and we do not warrant or represent that the IndexR Service 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 IndexR Service.
IndexR accepts no liability for any disruption or non-availability of the site, Platform and/or Service.
Additionally, to the fullest extent permitted by law, IndexR expressly excludes liability for:
- any direct, indirect or consequential loss or damage incurred by any user in connection with our platform and/or service in connection with the use, inability to use, results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss or corruption of data;
- loss of goodwill;
- wasted management or office time;
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above;
- removal of user content or material from the IndexR Platform, while reserving the right in its sole discretion to do so, from time to time and while not assuming obligation to do so;
- any user content, quality, safety or legality of the jobs or bookings offered, via the IndexR Platform and/or Service, or the ability of Client’s to offer opportunities to Locums and we make no representations about any jobs, or user content on the IndexR Platform and/or Service; and
- any material supplied or contained on any third-party site which is linked from or to the IndexR site(s),Platform and/or Service, or any use of personal data by such third party.
This does not affect IndexR’s, persons who act on our behalf, and/or persons we enter contracts with, liability for loss or damage caused directly and reasonably foreseeable by breach of these Terms. This also does not affect IndexR’s, persons who act on our behalf, and/or persons we enter contracts with, liability for death or personal injury arising from our negligence, nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless IndexR 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 IndexR in connection with any claim by a third party (including an intellectual property claim) arising out of:
- the materials and content you submit, post or transmit through the IndexR Platform and/or Service; or
- your use of the IndexR Platform and/or the IndexR Service in violation of these Terms or in violation of any applicable law.
IndexR reserves the right, at its sole discretion, to immediately terminate your access to all or part of the our Platform and/or Service, to remove your User Account and/or any User Content posted by or about you, from the IndexR Platform, and/or to terminate your registration with the IndexR Service, with or without notice if IndexR determines that you are not eligible to use our Service, and/or have violated any of these Terms.
IndexR reserves the right, at its reasonable discretion, to apply procedures to detect and prevent breaches of these Terms or to monitor use of the IndexR Service generally. These Terms will remain in full force and effect while you are a user of the IndexR Platform or a registered user of the IndexR Service.
IndexR 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 IndexR ceases to provide the Service in the United Kingdom. IndexR reserves the right to close your User Account and terminate these Terms with you at any time after a significant duration of inactivity. If IndexR terminates your User Account because of a breach by you of these Terms, you agree that you will not seek to register with the IndexR 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 IndexR in its discretion from time to time and the latest version will always be available on the IndexR sites(s), Platform and/or Service. Any new version of these Terms shall take effect, and will govern the IndexR Service and your relationship with IndexR:
- immediately upon the date of posting on our 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
- no less than thirty (30) days after the date of posting on our Platform where the changes to these Terms potentially reduce your rights or potentially increase your liability to IndexR. Please make sure you check for updates to these Terms each time you use the IndexR Service.
By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
If any of the terms and conditions 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 IndexR shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these terms and conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Terms set out the entire agreement between you and IndexR with respect to your use of the IndexR Service and supersedes any and all representations, communications and prior agreements (written or oral) made by you or IndexR.
These Terms are governed by the law of England and Wales. In the event of any matter or dispute arising out of or in connection with these Terms, you and IndexR shall submit to the exclusive jurisdiction of the courts of England and Wales.
Intellectual property rights:
All material, including that on the site, is protected by UK and international copyright and intellectual property laws. This includes, but is not limited to, graphics, images, icons, text and software and is the property of IndexR or its content providers. Unauthorised use of the material is prohibited, including reproduction, storage, modification, distribution or republication, and may not be used without prior consent, or where applicable, the respective copyright owner(s).
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
Viruses, hacking and other offences:
You must not misuse our site(s) and/or Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site(s), the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site(s) via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Links from/to IndexR:
Those wishing to place a link to the IndexR site may do so only to the home page of the site (www.indexr.co.uk) without prior permission.
In the event that any party to these terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Thank you for visiting IndexR.