Terms and Conditions – Locums

Pharmaseekers: Terms and Conditions of Service, Locum Pharmacists, Technicians and Dispensers

1. Supply of the Service
1.1 In consideration for the Locum agreeing to be introduced to Pharmacies as advised by Pharmaseekers, Pharmaseekers shall provide the Service to the Locum subject to these Terms. Any changes or additions to the Service or these Terms must be agreed in writing by Pharmaseekers and the Locum. Pharmaseekers will not make a charge to the Locum for this service.

1.2 The Service shall be provided in accordance with the terms and conditions contained on Pharmaseekers current Website and / or other published literature relating to the Service that is available from time to time, subject to these Terms. Where a conflict arises, these Terms shall take precedent.

1.3 Further details about the Service, and advice or recommendations about its provision or utilisation, which are not given on the Pharmaseekers Website or other promotional literature, may be made available on written request.
1.4 Pharmaseekers may at any time without notifying the Locum make any changes to the Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Service.
1.5 Nothing in this Agreement obliges Pharmaseekers to introduce the Locum to a Pharmacy and any such introduction is entirely at Pharmaseekers discretion.

2. Liability and Each Party’s Responsibilities.

2.1 The Locum accepts that the contract of employment or engagement between the Pharmacist and the Pharmacy is their entire responsibility and the liability for paying or providing the Locum’s remuneration is solely that of the Pharmacy.
2.2 Pharmaseekers accept no responsibility for and make no warranty or assurance that the premises in which the Pharmacist will work complies with the standard laid down in the GPhC’s Medical Ethics and Practice Guide nor with any relevant statutory guidelines. Pharmaseekers accept no liability for any loss resulting from non-compliance with this provision.

2.3 Pharmaseekers accept no liability for any loss or damage, whether to property, loss of profits or for any injury caused to any person, resulting from the acts or omissions of the Pharmacy whether these acts or omissions were fraudulent, negligent or through any other cause.

2.4 It is the responsibility of the Pharmacy to maintain full professional indemnity insurance cover with an insurance company of good repute. Pharmaseekers accept no liability to the Locum for any loss resulting from non-compliance with this provision.

2.5 The Locum shall ensure that he is fully and effectively registered and legally authorised to provide all Locum services in the United Kingdom and that he maintains his appropriate qualifications and membership of all and any necessary statutory or professional bodies.

2.6 The Locum shall at all times when undertaking work for a Pharmacy display his GPhC Registration Certificate and when appropriate his Responsible Pharmacist notice. The Locum shall at all times be punctual and act at all times in a professional and appropriate manner.

2.7 Once the Locum has agreed to a placement with a Pharmacy it is that locum’s responsibility to attend at the agreed date and time. There is no obligation for a locum to accept any vacancy offered by Pharmaseekers but upon acceptance of a vacancy by the locum and confirmation by the customer a binding contract exists unless agreement to cancel the booking is given by the customer. A locum may be required to attend an alternative pharmacy in order to help Pharmaseekers or a customer provided the request is reasonable.

2.8 The Locum accepts that having accepted a booking from Pharmaseekers any future booking with that Customer will be made via Pharmaseekers. In the event that the Customer approaches the Locum directly with an offer of work the Locum will notify Pharmaseekers who will be entitled to charge their standard commission for such a booking. Similarly in the event of an offer of full time work with the Customer the Locum will notify Pharmaseekers who will be entitled to charge the Customer the appropriate fee.

3. Effect of Notification of Terms and Conditions.

3.1 These terms and conditions shall prevail over any terms and conditions of the Locum.

3.2 These terms and conditions may only be varied with written consent of a representative of Pharmaseekers.

3.3 These terms and conditions, save for express notification to the contrary by Pharmaseekers, form the standard terms and conditions for all contracts to be formed between the Locum and Pharmaseekers with regard to the introduction of the Locum to the Pharmacy.

3.4 By accepting these terms and conditions the Locum agrees that we may collect, store and use information about him in accordance with our privacy policy which is found on our Website or a copy is available upon request. The Locum acknowledges and agrees to be bound by the terms of our privacy policy.

3.5 These terms and conditions shall be governed and interpreted in accordance with English Law and the English Courts shall have jurisdiction to resolve any dispute hereunder.

4. Interpretation

In these terms and conditions:

4.1 “CONTRACT” means the contract for the provision of the Service.

4.2 “PHARMACY” means the person body or organisation to whom the Pharmacist is introduced as a result of the Service.

4.3 “Pharmaseekers” are the firm with which The Pharmacist contracts for the provision of the Service.

4.4 “LOCUM” means the person for whom Pharmaseekers have agreed to provide the Service in accordance with these Terms and LOCUM shall include Locum Pharmacists, Locum Pharmacy Technicians and Locum Pharmacy Dispensers

4.5 “SERVICE” this is the service of introducing the Locum to the Pharmacy for the purposes of filling a temporary work placement. The service that Pharmaseekers will provide will be that of an Employment agency.

4.6 “WEBSITE” means www.pharmaseekers.co.uk

4.7 “Customer” means any and all persons bodies and/or organisations with whom Pharmaseekers contract to provide the Service

5. Severance

(a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

(b) If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision