Locumitis - Terms and Conditions

LOCUMITIS TERMS OF SERVICE

By using the Locumitis website and other services provided by Locumitis, you agree to be bound by the following Terms and Conditions of Use as set out below.

Modification of Terms and Conditions
Locumitis reserves the right to modify these Terms and Conditions at any time without notice, and such modifications shall be effective immediately upon posting of the modified agreement on this site. It is your responsibility to review these Terms and Conditions regularly so that you will be aware of any changes. Your continued access or use of the Locumitis website and/or services after such changes indicates your acceptance of the Terms and Conditions as modified.
Modification/Termination of Services
Locumitis reserves the right to modify, suspend or terminate any part of, or all our services from time to time, for any reason, and without notice, including the right to terminate any part of, or all our services with or without notice, without liability to you, any other user or any third party.
Copyright and Trademarks
The material on this site and distributed by Locumitis in all other forms, be it printed or electronic, is copyright © Locumitis unless otherwise indicated. This site is owned and operated by Locumitis Pty Ltd as trustee for the Locumitis Trust (ABN 23 102 534 836), and material is protected by international copyright and trademark laws.
No Guarantees of Job Vacancy
Whilst Locumitis takes efforts to ensure that the details of work displayed on the Site and distributed to registered user by email and SMS messages accurately represents available work, and also to ensure that work is removed promptly from the website when it becomes unavailable, Locumitis gives no guarantee to you of the accuracy of the details of and continued availability of any particular work advertised on the Site, or through email or SMS messages and will not be liable to you should any work be unavailable at any time prior to removal of the details of the work from the Site.
No Guarantees or Endorsements of Linked Sites or Services
Locumitis has provided links and pointers to Internet sites maintained by third parties. Such linked sites are developed by people over whom Locumitis exercises no authority or control and Locumitis is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. Locumitis is providing these links to you only as a convenience, and their use is entirely at your own risk. You should be aware that other sites may send their own cookies to users, collect data, or solicit personal information. Locumitis is not responsible for the legal, privacy or copyright compliance of any linked site. We cannot guarantee that linked sites will not contain content that some people will find objectionable, inappropriate, or offensive, and we assume no responsibility for the content of any site linked to by the Locumitis website. Hyperlinks from the website to merchant sites or to any other sites or pages accessible from the website do not imply an endorsement of the web merchant sites or such other sites or web pages, or of any goods, services or information provided through the web merchant sites or such other sites or pages. Locumitis makes no representations, warranties, guarantees, covenants or conditions whatsoever with regard to the quality, merchantability or fitness for a particular purpose or non-infringement of services obtained through the website. Locumitis will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
No Guarantees as to the Service
Locumitis does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that Locumitis cannot and does not guarantee or warrant that files available for downloading through the Locumitis site or delivered via electronic mail from Locumitis will be free of "infection" or "viruses", "worms", "Trojan horses" or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and suitability of data input and output, and for maintaining a means external to the Locumitis site for the reconstruction of any lost data.
No Misrepresentations Allowed
You agree that it is a condition on your use of the Locumitis website and of any other services provided by Locumitis or through the Site that you will not either through any act or omission mislead or deceive others.
Registration Obligations
If you choose to register with Locumitis, you agree to provide true, current and complete information about yourself.
No Guarantee as to the Security of Your Information
While Locumitis takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on computer systems used by Locumitis, on the Locumitis site or in the offices of Locumitis. Locumitis disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
Your Responsibility for the Security of your Password and Login
To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions. You agree to immediately notify Locumitis of any unauthorized use of your login name or any other breach of security known to you.
Privacy Policy
Locumitis respects and protects the privacy of the individuals that use the Locumitis website. Individually identifiable information about you is not wilfully disclosed to any third party without first receiving your permission, as explained in this Privacy Policy
1. Our rights to use information you send us
  Locumitis welcomes information, suggestions and feedback from you about all aspects of the site. You agree that Locumitis may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the site (such as bulletin boards, feedback forums and newsgroups) or communicate to Locumitis by way of email, voice, in written or printed form, or any other means of information transfer.
2. Collecting Information on Visitors to the Site
  In order to better understand our users, Locumitis may from time to time collect information on visitors to our site or utilise a third party measurement company to gather statistics on site traffic. Tracking code may be used to collect the following information on the usage of the Locumitis site:
  - The number of unique visitors to Locumitis;
  - The links accessed by each unique visitor;
  - The number of page views (or page impressions) that occur on the Locumitis site;
  - How long these unique visitors (on average) spend on the Locumitis site when they do visit;
  - Which sections of the site are most frequently visited, how often they are visited and for how long they are visited;
    and
  - Common entry and exit points into/out of the Locumitis site.
  This data is always used as aggregated, non-personal information. Locumitis utilises this information to improve and enhance our services by monitoring the areas or links on the site which are most utilised. This aggregated information may be shared with Locumitis partners to provide them with an overview of how Locumitis visitors use the site. This is done for the purposes of providing you with the best online services.
3. What information does Locumitis collect?
  Locumitis does not collect any unique information about you (such as your name, email address, etc.) except when you specifically and knowingly provide such information.
4. With whom does Locumitis share information?
  Locumitis may share information about you with advertisers, business partners, sponsors, and other third parties. However, we only divulge aggregate information about our users and will not share personally identifiable information with any third party without your express consent. For example, we may disclose how frequently the average Locumitis user visits Locumitis. Please be aware, however, that we will release specific personal information about you if required to do so in order to comply with any valid legal process such as a search warrant, subpoena, statute, or court order
5. Your consent and changes to the Privacy Policy
  By using the Locumitis services and our web site, you consent to the collection and use of your information as we have outlined in this policy. Locumitis may decide to change this Policy from time to time. When we do, we will post those changes on this page so that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it.
Personal, Non-Commercial Use Only
You agree that information contained on this Site is for personal use only and may not be sold or redistributed. You may not take the details of available work displayed on the Locumitis website, or in any other format provided by Locumitis, and reformat and display them, or mirror the Locumitis home page or results pages on your website. You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You must not use this Site for any purpose that is unlawful or prohibited by these terms of use. If you want to make commercial use of Locumitis's website or services, you must enter into an agreement with Locumitis to do so in advance. Please contact us if you are interested in doing so.
Information Does Not Represent Professional Advice
You acknowledge and agree that information published by Locumitis on its website is intended to provide general information in summary form on recruitment, employment, legal and other issues. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.

In no event will Locumitis be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided in, or through, or omitted from the Locumitis site.
Disclaimer of Warranties
Locumitis disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Locumitis website or provided through other means by Locumitis. Locumitis disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Locumitis disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through Locumitis.

THE LOCUMITIS WEBSITE AND RECRUITMENT AND EMPLOYMENT SERVICES ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. LOCUMITIS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LOCUMITIS DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE LOCUMITIS WEBSITE OR LOCUMITIS RECRUITMENT AND EMPLOYMENT SERVICE. LOCUMITIS DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE LOCUMITIS WEBSITE OR RECRUITMENT AND EMPLOYMENT SERVICE. LOCUMITIS DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LOCUMITIS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE LOCUMITIS WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE LOCUMITIS WEBSITE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE LOCUMITIS WEBSITE OR RECRUITMENT AND EMPLOYMENT SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LOCUMITIS, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE LOCUMITIS WEBSITE OR RECRUITMENT AND EMPLOYMENT SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LOCUMITIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE LOCUMITIS WEBSITE OR RECRUITMENT AND EMPLOYMENT SERVICES, FROM INABILITY TO USE THE LOCUMITIS WEBSITE OR RECRUITMENT AND EMPLOYMENT SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE LOCUMITIS WEBSITE OR RECRUITMENT AND EMPLOYMENT SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LOCUMITIS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE LOCUMITIS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE LOCUMITIS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE LOCUMITIS WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE LOCUMITIS WEBSITE OR RECRUITMENT AND EMPLOYMENT SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE LOCUMITIS RECRUITMENT AND EMPLOYMENT SERVICES OR THE LOCUMITIS WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, under no circumstances shall Locumitis be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Australia, without giving effect to its conflict of laws provisions or your actual state or country of residence; the foregoing does not, however, preclude Locumitis from seeking injunctive relief in other jurisdictions when necessary to protect its interests. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.
Some jurisdictions may have restrictions on the use of the Internet by their residents. Potential users of the website, in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would:
1. void these terms of use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or
2. render accessing the website illegal, are unauthorised to use the website.
These Website Terms and Conditions combined with the Locum Doctor's Terms and Conditions or Healthcare Facilities Terms and Conditions if applicable to the individual user constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by Locumitis.
Currency
All monetary values shown on the Site are in Australian dollars.