DEFINITIONS

1. the following words and phrases shall bear the following meanings:

  1. “The Company” means watdoc ltd, registered number 9929189, whose registered office is at 1224 New Providence Wharf, Fairmont Avenue, London E14 9PW.
  2. "Material" means data or information in any format, including without limitation text, images, photographs, graphics, video or sound material whether existing at the time of registration or not, published on www.watdoc.com, whether copyright of The Company or of a third party and which is communicated or transmitted to the User in using www.watdoc.com.
  3. "www.watdoc.com" means the website owned and/or operated by the Company.
  4. "User" means any person, firm or body corporate who accesses or uses www.watdoc.com encompassing both a HP/Locum/Freelancer and HCP/Client/Employee.
  5. “HP” refers to the Healthcare professional, Doctor, locum and nurse in question.
  6. “HCP” refers to Health Care Provider, Surgery, OOH, Prison, Walk in Centre, Private Practice/Client/Employee etc.

2. "Agreement" means the agreement between Watdoc and the Client comprising the terms set out in this document.

3. "Business Day" means any day (other than Saturday or Sunday) on which clearing banks are open for business.

4. "Client Services" means the services to be performed by the Client under this Agreement.

5. "Engagement" means a GP's engagement by the Client on the terms set out in the GP Agreement.

6. "GP" means the individual named in the relevant Engagement Details relating to the relevant Engagement.

7. "GP Agreement" means an agreement between the Client and the GP.

8. "GP Invoice" means the invoice generated by a GP once the HP confirms completion of an engagement.

9. "GP Services" means the services to be performed by a GP in relation to an Engagement.

10. "Watdoc Web Platform" means www.watdoc.com.

11. "Short Notice Cancellation Service Fee" means the fee payable by the Client to Watdoc in respect of the cancellation of an engagement, which is cancelled at short notice.

12. "Vacancy" means the specific details of a potential vacancy at the Client

13. "Vacancy Notification" means a notification by the Client to the GP through the Watdoc Platform of a vacancy to perform the GP Services in accordance with Engagement Details and these General Terms and Conditions.

DESCRIPTION OF WATDOC SERVICES

1. We are an online web platform promoting direct engagement between the HP (GPs) and HCP (Clients) and charge a booking fee to facilitate this process. As a result, watdoc is neither an employment or recruitment business.

USE OF THE WEBSITE

1. By accessing or using www.watdoc.com the User agrees to fully comply with these Terms and Conditions, including the acceptance of liability as detailed in clauses 4, 5 and 11 and limitations and exclusions of the Company’s liability to the User as set out particularly in clause 12. If the User does not wish to be bound by them he/she should leave the site now and not use this website in the future.

2. Any

  1. unique user ID allocated to a User by the Company, and/or
  2. password chosen by that User and agreed by the Company are not transferable, and the User shall keep them strictly confidential and secure. The User must notify the Company immediately if any unauthorised use comes to its attention.

3. The User shall indemnify the Company against any unauthorised use of his/her user ID and password, including use by a third party where the User has allowed or facilitated that third party to have access to any Material, however so received.

4. The User shall indemnify the Company against all costs, claims, demands or expenses incurred by or made against the Company and/or www.watdoc.com as a result of any breach of these Terms and Conditions by the User and/or by any third party permitted or facilitated by that User to have access to any Material, howsoever arising.

SUBMITTING MATERIAL TO WEBSITE

5. In order to submit material to www.watdoc.com the User may be required to register a unique user ID and password in accordance with clause 3. In this event the User undertakes not to maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor to seek to pass itself off as another User.

6. The Company reserves the right to prohibit access to www.watdoc.com by any person(s) at its sole discretion, from which point any user ID and password will be rendered inoperative.

7. Any submission of Material by the User (“Contributed Material”) will be on the following terms:

  1. The User grants the Company a non-exclusive, non-transferable, perpetual, royalty-free, worldwide licence to publish or use the Contributed Material in any format, including in other products of the Company. The licence shall include the right for any User to access and use the Contributed Material in accordance with clause 9.
  2. The User warrants to the Company that all rights including intellectual property and moral rights in Contributed Material belong to the User or the User has received all necessary permissions to submit it to the Company.
  3. The User warrants to the Company that any Contributed Material submitted:
    1. is not obscene, offensive, libellous or defamatory of any person or otherwise in breach of any applicable laws;
    2. does not concern the private life of any individual, their personal data, or material which is false, defamatory, vulgar, obscene, threatening, harassing, likely to prejudice legal proceedings which are “active” for the purposes of the Contempt of Court Act 19 81, or otherwise in contempt of court or unlawful; and
    3. does not infringe the copyright or moral rights of any third party.
  4. If applicable to the site, Users will also comply with the House Rules as published by the Company from time to time.
  5. The Company may provide a User’s details to a third party where, in the Company’s reasonable opinion, any Contributed Material is in breach of these Terms and Conditions and a third party has a legitimate interest in obtaining those details for the purposes of pursuing legal action in relation to the Contributed Material submitted. Each User acknowledges that the Company may also be required to hand over such information by order of a court of law.
  6. The Company at its sole discretion reserves the right to make additions or deletions to, edit, crop or arrange Contributed Material prior to publication, or not to publish it in part or in whole. The Company may do so without giving any reason but the User should note that Contributed Material that is off-topic or deemed by the Company to be unnecessarily antagonistic is likely to be rejected. In addition the Company may take down postings where we think that they may breach the terms of clause 8.3(a) or where a complaint is made. Our decision is final.
  7. The Company shall make no payment for Contributed Material submitted and used under these Terms and Conditions.

USE OF MATERIAL

8. Subject to clause 16 the User may download Material electronically; print extracts and/or make copies of these for his/her own personal and non-commercial use only. This does not include downloading, storing, transmitting, displaying, copying or distributing Material, or extracts from it, in a structured manner or creating a database in any form comprising all or part of the Material.

DATA PROTECTION AND PRIVACY POLICY

9. The Company takes the privacy of its Users seriously. It is committed to safeguarding the privacy of its Users. Please refer to the Company’s Privacy Policy.

LIABILITYS

10. The User acknowledges that any breach of clause 8 may cause damage or loss to the Company and agrees to indemnify the Company in full against any third party liabilities, claims, costs, loss or damage including consequential losses, incurred as a result of publishing Contributed Material submitted by the User.

11. To the extent permitted by law the Company, its agents or representatives shall have no liability whatsoever to the User for any direct, indirect or consequential loss or special loss or damage, cost or expense suffered or incurred by the User (whether arising in tort, contract or otherwise, and whether arising from the negligence, breach of contract, defamation, infringement of copyright or other intellectual rights) caused by use of www.watdoc.com or from the negligence of its employees or agents or licensors, and whether asserted against the Company, www.watdoc.com or against any third party in connection with its use, inability to use, or results of the use of www.watdoc.com, any websites linked to it and any Material, including:

  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits or contracts;
  4. loss of anticipated savings;
  5. loss of data;
  6. loss of goodwill;
  7. wasted management or office time; and even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the User’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect the Company’s liability for death or personal injury arising from its negligence, or its liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

12. The Company does not make any representation or give any warranty, either express or implied:

  1. in relation to any information, goods or services offered, accessed or obtained through www.watdoc.com;
  2. in relation to warrantees of title, non infringement of copyright or patent rights of others, merchantability, or fitness or suitability for any purpose;
  3. for the content, accuracy, integrity, lawfulness or otherwise of information on websites over which the Company has no control;
  4. as to the suitability of the information and data on www.watdoc.com for any particular purpose;
  5. as to the accuracy of the description of any goods; or
  6. that the information and data on www.watdoc.com site is free of infection by computer viruses or other contamination, and to the extent permitted by law excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

13. The Company and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to www.watdoc.com.

14. www.watdoc.com does not purport to provide advice. Although care is taken in the preparation of information supplied by www.watdoc.com, the Company is not responsible for Users taking or refraining from taking actions on the basis of information provided by www.watdoc.com.

TRADE MARKS AND INTELLECTUAL PROPERTY

15. All rights in www.watdoc.com, the Material, and any other content displayed on www.watdoc.com are owned by or licensed to the Company and are reserved.

16. All Material other than that submitted by Users on a Centaur website is the property of the Company. Reproduction without the Company’s permission is prohibited. For such permission Users should write to the Company Secretary of the Company at the registered address.

APPLICABLE LAW AND JURISDICTION

17. These Terms and Conditions, and the provision of www.watdoc.com, are governed by the Laws of England and shall be subject to the exclusive jurisdiction of the English courts.

CONTRACT

18. When one user enters into any contract with the other user through this site, the contract of services is effective between these contracting users on the terms stated therein and the users undertake to account to HM Revenue for any statutory deductions due from such payments accordingly and to ensure all measures have been taken to satisfy the professional requirements for the nature of employment contract and necessary workmanship.

CHARGES

19. The company offers a free subscription service to the HCP and HP however the charge is subject to change.

20. Watdoc is currently free to register and use for all HCP in the NHS. A 15% commission on the total amount paid to the HP is charged for non NHS services. This is made payable to Watdoc Limited.

21. A late payment charge of 10% per day will be applied if the HCP fails to pay Watdoc Limited within 28 business days.

22. Payment terms: these are fully editable by the user when logged in Locum GP: Payment

23. Timescale: To be paid before 28 days (editable) days from the invoice date.

24. A late payment charge of 10% (editable) of the invoiced total per week after this 28 day (editable) period.

25. Cancellation within 2 days of an accepted job: I agree to contact the Practice directly

Cancellation by practice Cancellation by GP
26. If > 15 days no charge no charge
27. If 3-14 daysark 50% charge of full fee Undertake next session at 50%
28. If < 2 days: Full fee payable work the next job for 25%

29. Practice, Payment:

30. Timescale: All invoices shall be paid 28 (editable) days from the invoice date.

31. We agree to pay a late payment charge of 10% (editable) of the invoiced total per week, if the invoice is delayed beyond 28 days (editable)

32. Cancellation within 2 days of the advertised job: I agree to contact the Locum GP directly.

Cancellation by practice Cancellation by GP
33. If > 15 days no charge no charge
34. If 3-14 daysark 50% charge of full fee Undertake next session at 50%
35. If < 2 days: Full fee payable work the next job for 25%

COMPLIANCE AND CHECKS

36. When a GP registers with a user account to the Watdoc services you consent to Watdoc using this information for verification. In terms of experience, references, ID, NI number, Company registration, Medical Insurance, Passport, GMC, Performers List and the GP register. We will check your GMC and Performers list status with both the GMC and National Performers list database. All other checks will be done by Watdoc as far as reasonably possible based on the information provided by the GP. Surgery details uploaded from //www.england.nhs.uk/wp-content/uploads/2013/.../list-of-proposed-practices.xls

CHANGES TO TERMS AND CONDITIONS

37. The Company reserves the right to vary or amend these Terms and Conditions at any time without notice. Users should review these Terms and Conditions regularly as Users will be deemed to have accepted a variation in continuing to use the site after it has been posted.

INDEMNIFICATION

38. To the fullest extent permitted by law, you (the "Indemnifying Party") hereby agree to indemnify, defend, and hold harmless Watdoc and its respective subsidiaries, affiliates, officers, directors, owners, employees, successors, permitted assigns, representatives, attorneys, and agents (each, an "Indemnified Party") against any and all losses, deficiencies, claims, actions, damages, liabilities, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of whatever kind (including, without limitation, reasonable attorneys' fees, expert-witness fees, and all related costs and expenses) that are incurred by an Indemnified Party (collectively, "Losses") arising from, based upon, or relating to: (a) your use of, or inability to use, the Watdoc Platform; (c) your User Content; (d) your violation of this Agreement; and (e) any third-party claims, including, without limitation, those of any users or your interaction with any other user, alleging:

  1. breach or non-fulfillment of any provision of these Terms of Use by an Indemnifying Party or Indemnifying Party's personnel;
  2. any negligent or more culpable act or omission of an Indemnifying Party or its personnel (including any reckless or willful misconduct) in connection with the performance of its obligations under these Terms of Use;
  3. any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of an Indemnifying Party or its personnel (including any reckless or willful misconduct); or
  4. any failure by an Indemnifying Party or its personnel or contractors to comply with any applicable federal, state, or local laws, regulations or codes in the performance of its obligations under this Agreement; or In addition, this indemnification obligation extends to and covers all claims that a Freelancer/Locum was misclassified or not properly classified, or that Watdoc was an employer or joint employer of any Freelancer/Locum, as well as claims under any employment-related laws, such as those relating to employment termination.

COOKIES

39. www.watdoc.com uses cookies. Please see the Cookies Policy for information on how they are used on www.watdoc.com and what options you have to manage them. By continuing to use www.watdoc.com you consent to the Company’s’ use of Cookies

MISCELLANEOUS

40. Users who wish to advertise on an associated websites, other than directly through www.watdoc.com will find the contact information on the relevant websites.

41. The Company reserves the right to remove, alter, change or vary www.watdoc.com at any time without notice.

42. The Company shall endeavour to provide constant, uninterrupted access to www.watdoc.com but cannot and does not guarantee to do so, and accepts no responsibility or liability for any interruption or delay