Terms and Conditions

Last updated: January 2006

“Locum Doc” is a trading style of Brendan O'Brien and E.G.J. O'Neill. The address for Locum Doc is:

Locum Doc
PO BOX 88
ANTRIM
BT41 9AH
AGREEMENT BETWEEN LOCUM DOC AND YOU

The Locum Doc Website is comprised of the Website and Services operated and provided by Locum Doc at http://www.locumdoc.co.uk. Access to the Locum Doc Website is offered to You upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Locum Doc Website constitutes your agreement to all such terms, conditions, and notices contained in or appended to this document.

  1. DEFINITIONS

    In this Agreement the following terms shall have the following meanings:

    1.1. “Agreement”
    means the terms and conditions set out in this document and includes the privacy policy and website disclaimer;
    1.2. “Services”
    means the Locum Doc Website and any other service or facility provided by Locum Doc to You via the Website;
    1.3. “Website”
    means the Locum Doc Website and any internet technology which encompasses the Locum Doc service;
    1.4. “Material”
    means all data in whatever form including text, photographic, graphic, sound recording, bitmaps, films and video footage provided by Locum Doc to You;
    1.5. “You/Your”
    shall include you personally, your agent or other person authorised by You;
    1.6. “Intellectual Property Rights”
    means any and all patents, copyrights, trademarks, registered and unregistered designs, and all other intellectual property rights protection whatsoever;
    1.7. “Server”
    means the computer server equipment which hosts and maintains the Website’s link to the world wide web via the Internet.

  2. WEBSITE CONTENT

    2.1.
    Locum Doc shall retain the right at all times to do all or any of the following:
    2.1.1.
    to suspend availability to You of the Services or the Material on the Website;
    2.1.2.
    to edit, shorten, extend or otherwise to amend or modify any Website content whatsoever.
    2.2.
    If at any time in the future You do not wish to receive any marketing information from Locum Doc or a third party please notify Locum Doc in accordance with the Data Protection and Privacy Policy statement prevailing at the time.

  3. YOUR OBLIGATIONS

    3.1.
    You warrant, represent and undertake in relation to all information submitted by You to Locum Doc that that information is true and accurate at the date of submission.
    3.2.
    You grant Locum Doc an exclusive licence to use all Intellectual Property Rights owned by You to promote the Website.

  4. SERVICE AVAILABILITY

    4.1.
    Locum Doc shall use its reasonable endeavours to provide the Services but Locum Doc shall not, in any event, be liable for interruptions of the Services available to You at any time or during downtime of the Server.
    4.2.
    Locum Doc shall have the right to suspend the Services at any time and for any reason, generally without notice.

  5. INDEMNITY

    5.1.
    You shall indemnify Locum Doc and keep it indemnified and hold it harmless from and against any breach by You of this Agreement and any claim brought against Locum Doc by a third party resulting from the provision of Services by Locum Doc and including, without limitation, all claims, actions, proceedings, losses, liabilities, damage, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Locum Doc in consequence of Your breach or non-observance of this Agreement.
    5.2.
    The termination of this Agreement shall not affect the provisions of this clause 8.1 which shall continue thereafter.

  6. DISCLAIMER

    6.1.
    Locum Doc expressly disclaims any responsibility, representation or warranty either express or implied including without limitation:
    6.1.1.
    for the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of the Website or the Material;
    6.1.2.
    for any goods or services accessed, offered or obtained through the Website or pursuant to the Material;
    6.1.3.
    that any access to the Website or the Material will be uninterrupted or error free or that the Information on the Website does not contain any viruses, or contaminating or destructive properties;
    6.1.4.
    that the Material will not be objectionable or offensive to You or any other person;
    6.1.5.
    for any error, omission or misstatement in or arising from the Material.
    6.2.
    Locum Doc does not endorse or recommend any person, organisation, name, product or service referred to in the Material. Locum Doc will not be a party to any transaction between You and any third person in any way relating to the Material or made through the Website unless and only to the extent expressly stated in writing otherwise.

  7. TERMINATION

    Without in any way limiting Locum Doc’s rights under clause 2, Locum Doc may suspend the Services and/or terminate this Agreement forthwith without notice to You.

  8. LIMITATION OF LIABILITY

    8.1.
    All conditions, terms, representations and warranties relating to the Services, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 8.2;
    8.2.
    Nothing in these terms and conditions shall exclude Locum Doc’s liability for death or personal injury resulting from Locum Doc’s negligence;
    8.3.
    Locum Doc’s total aggregate liability to You for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by You in respect of the Services which are the subject of any such claim;
    8.4.
    In any event no claim shall be brought against Locum Doc unless You have notified Locum Doc of the claim within one year of it arising;
    8.5.
    In no event shall Locum Doc be liable to You for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

  9. RIGHT TO MODIFY THESE TERMS OF USE

    9.1.
    Locum Doc reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to any charges associated with the use of the Website or provision of the Services.
    9.2.
    You are responsible for regularly reviewing these terms and conditions.
    9.3.
    Your continued use of the Website constitutes your agreement to all such terms, conditions, and notices.

  10. SEVERENCE

    If any of the clauses (or part of a clause) of this Agreement is, or becomes invalid or unenforceable in any way under any law, the validity of the remaining clauses (or part of a clause) will not in any way be affected or impaired.

  11. NOTICES

    Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

  12. LAW

    This Agreement shall be governed by and construed in accordance with the law of Northern Ireland and both parties hereby submit to the exclusive jurisdiction of the courts of Northern Ireland.

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