LOKKO LOCUM APP – MARKETPLACE TERMS AND CONDITIONS
This online platform (Platform) is operated by Med Estate Pty Ltd ABN 50 614 498 476 trading as “Lokko Locum App” or its successors and assignees (we, our or us). It is available at: https://lokko.physio/ and may be available through other addresses or channels, including on our mobile application.
In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects health service practitioners (Practitioners) with clinics (Clinics) by facilitating introductions between Practitioners and Clinics.
Accepting these terms
If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (1) supervise the Minor’s use of the Platform and their account; (2) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account; (3) ensure that the content on the Platform is suitable for the Minor; (4) ensure all information submitted to us by the Minor is accurate; and (5) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
These Terms supplement and incorporate our policies and terms and conditions posted on the Platform.
If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of any location service is subject to the terms of service, or equivalent, of that location service.
Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.
We collect your personal information when you use the platform
- We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia, or if you are not based in Australia, to third parties not based in your country of domicile.
How our platform works
- The Platform provides an introductory service for Practitioners and Clinics.
- A Practitioner with an ability to perform services (1) creates an account and (2) profile on the Platform. Once the account and profile are created, the Practitioner can search for job postings or shift openings on the Platform.
- A Clinic with a requirement for a service to be provided (1) creates an account and profile on the Platform, then (2) creates a listing or post describing an opening for a shift or shifts at the Clinic (Shift Posting) on the Platform describing the services required, the level of qualification required of the Practitioner, applicable date and time(s) and any other relevant information.
- Clinics may then review the offers made by Practitioners and communicate with Practitioners using the on-Platform private messaging service. A Clinic can then approve their chosen Practitioner and the Practitioner must also accept the shift offered by the Clinic (see the clause ‘accepting shifts’ for further details on accepting Shift Postings).
- You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform (i.e. we only connect Practitioners and Clinics). We are not an employment agency or labour hire business and Practitioners are independent third party contractors; they are not our employees, contractors, partners or agents.
- We are not a party to any agreement entered into between a Practitioner and a Clinic. We have no control over the conduct of Practitioners, Clinics or any other users of the Platform.
- We accept no liability for any aspect of the Clinic and Practitioner interaction, including but not limited to the description of services offered and the performance of services.
- When a Clinic receives applications from Practitioners for a Shift Posting, a Clinic may choose a Practitioner to perform the shift by communicating the Clinic’s acceptance of the Practitioner’s offer.
- A Practitioner may choose to either accept the shift or decline the shift offered by a Clinic. If a Practitioner initially offers to perform a Shift, then subsequently declines the Shift, Clinics may either renew the Shift Posting or communicate with another Practitioner for the performance of the shift.
- Once a Practitioner accepts a shift, a Clinic will be notified.
- We encourage Clinics and Practitioners to communicate with one another to ensure each party has sufficient details, including that the Practitioner understands where the shift is to be performed and at what time.
Registering and creating profiles
- You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform.
- If you are a Practitioner, you may only have 1 Account on the Platform, which will be linked to your Australian Health Practitioner Regulation Agency (AHPRA) number. If you are Clinic and you own more than one business, you must apply for a separate Account for each business. We may provide you with multiple logins on request.
- You must provide basic information when registering for an Account including name, email address, and location and you may choose a password. The Account name you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
- If you are a Practitioner, we may review your request for an Account before approving the request. You must provide us with details of your qualifications, including your AHPRA details and any certificates of registration. We verify these documents against the relevant industry governing body. We may also request details of your drivers’ licence and evidence of any public liability insurance. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
- Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.
- You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
- You are responsible for keeping your Account and Profile details and your password confidential and you will be liable for all activity on your Account, including Shift Postings or applications for shifts made using your Account details, whether or not you authorised such activities or actions.
- You will immediately notify us of any unauthorised use of your Account.
- At our sole discretion, we may refuse to allow any person to register or create an Account.
Verifying your qualifications
- We offer Practitioners the option of verifying their qualifications
- Where a Practitioner has elected to verify their qualifications in accordance with this clause, a Practitioner acknowledges and agrees that:
- we may contact, connect to or otherwise liaise with industry governing bodies to validate your qualifications (Qualification Check);
- industry governing bodies may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform a Qualification Check; and
- you will be charged a non-refundable fee for the Qualification Check (as set out on the Platform), and we will be under no obligation to perform the Qualification Check until the relevant fee has been paid to us, in accordance with the requirements specified on the Platform and in these Terms.
- Following a successful Qualification Check, a Practitioner agrees and acknowledges that:
- we may permit you to use verification signs or badges in connection with your Profile or Account to indicate that a successful Qualification Check has been performed (Verification Badge); and
- a Verification Badge may only be used by the individual for whom the relevant Qualification Check has been successfully performed and the relevant Verification Badge has been issued, and then, only where that individual is directly providing the relevant goods or services.
- You acknowledge and agree that:
- the Qualification Check and the issuance of a Verification Badge may not be fully accurate, as they are dependent on the information provided by a Practitioner;
- you should not rely on the Qualification Checks or the Verification Badges, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any Practitioners on the Platform.
- We make no warranties, representations or guarantees of any kind, whether express or implied, or whether under these Terms, under statute or on any other basis, in relation to or connected with:
- the accuracy, legitimacy, validity, credibility or authenticity of any users on the Platform;
- the performance of any Qualification Check; or
- the issuance of any Verification Badge.
- To the maximum extent permitted by law, we accept no responsibility and exclude all liability arising from, or connected with, the Qualification Checks or the Verification Badges, or any use of or reliance on Qualification Checks or Verification Badges.
Ratings and reviews on the platform
- Clinics and Practitioners can rate one another using the rating system on the Platform (Rating). Clinics may provide feedback to a Practitioner regarding the Practitioner’s services, where that Clinic has engaged the Practitioner to provide services and a Practitioner may review a Clinic where that Practitioner has been engaged by the Clinic (Review).
- Ratings and Reviews of a Clinic/Practitioner can be viewed by any user and will remain viewable until the relevant Practitioner’s or Clinic’s Account and Profile is removed or deleted.
- Clinics and Practitioners must provide true, fair and accurate information in their Review.
- If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the Clinic/Practitioner from posting the Review. We do not undertake to review each Rating and/or Review made by a Clinic/Practitioner.
- To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
- You may not publish Ratings and/or Reviews for Practitioners or Clinics to which you have personal or professional relations.
Fees and payments
- It is free to register an Account on the Platform. Clinics must pay fees to post a Shift Posting to our network; pricing for different types of Shift Postings is available on the Platform. If Clinics wish to post a Shift Posting to their internal network (i.e. to their own staff members), no fee is payable. Fees for other services are displayed on our Platform. Practitioners must pay fees for us to conduct an annual Qualification Check; fees to conduct Qualification Checks are set out on the Platform.
- Any payments to us should be made through our third party payment processor, currently Stripe, or by any other of our permitted payment methods set out on the Platform. By using our payment facility provided by Stripe, you agree that you have read and that you agree to the Stripe Services Agreement. We never store your credit card information; this information goes directly to our third party payment processor.
- A Clinic must pay the fees to post details of a shift at the time the Clinic creates the Shift Posting. If a Clinic wishes to extend the duration of a shift posting, additional fees may be payable.
- We do not organise payments between Clinics and Practitioners.
Once you create a Shift Posting and pay the fee to create a Shift Posting, this fee is not refundable. We encourage you to check your Shift Posting in draft mode carefully before you post the Shift Posting. Fees for our Qualification Check services are not refundable.
Your licence to use our platform
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using our Platform to defame, harass, threaten, menace or offend any person, including us;
- creating fake or fraudulent Accounts or Profiles, or misrepresenting your identity on the Platform;
- interfering with any user using our Platform;
- tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
- anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
- using our Platform to find a Clinic or Practitioner and then completing a transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
- as a Practitioner, offering any services that you are not qualified to provide or for which you are not insured;
- as a Clinic, making any offers of engagement or employment to Practitioners that you cannot provide, or failing to pay a Practitioner for services they have provided; or
- facilitating or assisting a third party to do any of the above acts.
Competitors are excluded
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Promotions and referrals
From time to time we may provide discount codes or referral offers to Practitioners and/or Clinics. The terms and conditions applicable to these promotions and referrals will be set out on the Platform.
Information on the platform
The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Intellectual property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Platform, including (without limitation) by:
- altering or modifying any of the Content;
- causing any of the Content to be framed or embedded in another website; or
- creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Profiles, Ratings and Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
- Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
- Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
- The goods and services provided by a Practitioner might also confer you certain Statutory Rights.
Notice regarding apple
- To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
- Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
- If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
- Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:
- product liability claims;
- any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
- Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
- You agree to comply with any applicable third-party terms when using our mobile application.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
- You hereby represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties.
Warranties, disclaimers and indemnity
- To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Practitioners, Clinics, or the services provided by Practitioners including (without limitation) that:
- our Platform is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free and free from viruses;
- our Platform will be secure; and
- a Practitioner’s services will be requested by Clinics or that Clinics will find desirable Practitioners.
- You read, use, and act on our Platform and the Content at your own risk.
- Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed, the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
- event or circumstance beyond our reasonable control;
- acts or omissions of you or your personnel;
- any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
- use of the Platform and/or Content;
- interaction you have with other users whether in person or online;
- any injury or loss to any person; or
- Content which is incorrect, incomplete or out-of-date.
- You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
- Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
- This clause will survive the termination or expiry of these Terms.
- You may cancel your Account at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. If you are a Practitioner and you deactivate your Account, you are obligated to perform any shifts you have agreed to perform prior to deactivating your Account. If you cancel your Account as a Clinic, any Shift Postings will be automatically removed from the Platform and you will not receive a refund of the fee to post such Shift Postings.
- We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
- At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (1) you are in breach of these Terms, any applicable laws, regulations or third party rights, (2) as a Practitioner we are notified that your qualifications have expired, you have misrepresented your qualifications to us, or we receive complaints about you, (3) as a Clinic you fail to meet applicable quality criteria, you become insolvent, or we receive complaints about you.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
We recommend that Practitioners and Clinics obtain appropriate insurance. If you are a Practitioner and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate your Account, in accordance with these Terms, remains unaffected.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Platform and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.
For any questions and notices, please contact us at:
MED ESTATE PTY LTD ABN 50 614 498 476
Last update: 31 October 2018
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