Terms of Use for Healthcare Organisations
Hiring on CuRisApp©
BY SIGNING UP WITH A HIRER HEALTHCARE ORGANIZATION ACCOUNT YOU ARE DEEMED TO ACCEPT THESE TERMS AND CONDITIONS
PARTIES
(1) Your Business, the user of CuRisApp© Platform (Hirer Healthcare Organization) incorporated and registered in England and Wales
(2) Wyresoft Ltd. – owner of CuRisApp©, incorporated and registered in England and Wales with company number 13029538 whose registered office is at Banner House, 29, Byron Road, Harrow, England HA1 1JR (CuRisApp©).
AGREED TERMS
1. INTERPRETATION
1.1 The definitions and rules of interpretation in this clause apply to this agreement.
Assignment: shall have the meaning set out in clause 3.
Cancellation Policy: means the policy published by CuRisApp© from time to time relating to the cancelling of Requests which shall be presented to the Hirer Healthcare Organization on the Platform each time they try to cancel a Request.
Engage: the employment of a Healthcare Worker through CuRisApp© (whether for a definite or indefinite period) as a direct result of any Introduction or Assignment to the Hirer Healthcare Organization.
Feedback: means a Rating provided after each Assignment for each CuRisApp© Healthcare Worker.
Fulfilled Requests: a Request which a Team Member has accepted or which a Hirer Healthcare Organization has accepted a Healthcare Worker applied via the Platform.
Material Amendment: an amendment to a Request which, at CuRisApp©’s discretion, requires a CuRisApp© Healthcare Worker’s acceptance (for example, the change of a start time of an Assignment)
Platform: means the website made available to the Hirer Healthcare Organization via the URL: https://curisapp.com and the corresponding mobile application – CuRisApp©.
Pricing – depends on the access tier chosen by the Hirer Healthcare Organization – CuRisApp© Standard or CuRisApp© Advanced.
Ratings: the rating for any CuRisApp© Healthcare Worker as appears on their profile on the Platform.
Request: has the meaning set out in clause 3.1.CuRisApp© Healthcare Worker: a Healthcare Worker registered on the Platform.
Team Member: means a CuRisApp© Healthcare Worker in the Hirer Healthcare Organization’s “team” from time to time.
Term: has the meaning set out in clause 10.
Unfulfilled Request: a Request which is not a Fulfilled Request.
VAT: value added tax chargeable under the Value Added Tax Act 1994.
Wages: means the total wage cost payable to all Healthcare Workers on any applicable Assignment based on the Invoices agreed between Healthcare Workers and Hirer Healthcare Organizations over the Platform and any associated Expenses.
2. CuRisApp©’s OBLIGATIONS
2.1 These terms set out the agreement between CuRisApp© and the Hirer Healthcare Organization for the supply of a software platform with which the Hirer Healthcare Organization can meet Healthcare Healthcare Workers for shift work.
2.2 CuRisApp© agrees to provide the Platform on which the Hirer Healthcare Organization can post a Request for Healthcare Workers to respond to such Requests.
2.3 The Hirer Healthcare Organization expressly acknowledges that CuRisApp© is not providing a supply of Healthcare Workers and that CuRisApp© does not meet and/or train the Healthcare Workers on the Platform. The Hirer Healthcare Organization agrees that it is using the Platform to meet Healthcare Workers and to engage them in shift work and to continue a relationship with that Healthcare Worker via the Platform should the Hirer Healthcare Organization wish to do so.
2.4 The Hirer Healthcare Organization hereby acknowledges that the Platform is provided on an as is basis and that the Healthcare Workers’ profiles on CuRisApp© are compiled as a result of a self-assessment of skills by the Healthcare Worker and Ratings from other hiring businesses. CuRisApp© does perform a Background checks of the Healthcare Workers registered on the Platform and in addition CuRisApp© checks whether the documents upload by the Healthcare Workers are valid and correct. CuRisApp© shall not be held liable for the acts or omissions of any Healthcare Worker registered on CuRisApp© or their ability or appropriateness to work any Request or for the accuracy of the profile of any Healthcare Worker registered on CuRisApp©.
2.5 If you post any Requests involving delivery services, then you acknowledge that it is the Healthcare Workers’ responsibility to obtain the necessary “Medical Indeminity ” insurance to carry out such work and CuRisApp© accepts no responsibility for their failure to do so.
3. HIRER HEALTHCARE ORGANIZATION’S OBLIGATIONS
3.1 When making a request for the provision of a Healthcare Worker (a Request) to perform certain services (Assignment), the Hirer Healthcare Organization will give the Healthcare Worker (via the Platform) details of:
(a) the position which the Hirer Healthcare Organization seeks to fill, including the type of work the Healthcare Worker in that position would be required to do, the location at which, and the shift start and end dates, types of Shift – Emergency or Non-Emergency hours during which, the Healthcare Worker would be required to work, and any risk to health or safety known to the Hirer Healthcare Organization and what steps the Hirer Healthcare Organization has taken to prevent or control such risks; and
(b) the experience, training, qualifications and any authorisation which the Hirer Healthcare Organization considers are necessary, or which are required by law, or by any professional body, for the Healthcare Worker to possess in order to work in the position; and
(c) any other relevant details reasonably required by a CuRisApp© Healthcare Worker to fulfil a Request including, but not limited to, travel requirements, dress code and any relevant codes of conduct, rules or other expectations on the behaviour or actions of the Healthcare Worker.
3.2 The Hirer Healthcare Organization undertakes, warrants and represents that it shall not under any circumstances:
(a) engage in any discriminatory, abusive or harassing behaviour in respect of any Healthcare Worker hired via the Platform;
(b) contact any Healthcare Worker registered on CuRisApp© other than via the Platform;
(c) use the Platform for any other purpose other than to make Requests; or
(d) attempt to circumvent or use any feature of the Platform otherwise than in the ordinary course of making a Request to the detriment of the security or reliability of the Platform or to the detriment of CuRisApp© or any Healthcare Worker registered on CuRisApp©.
3.3 The Hirer Healthcare Organization undertakes, warrants and represents that it shall:
(a) take all necessary steps to ensure the safety of any Healthcare Worker hired via the Platform on an Assignment; and
(b) take all necessary steps to prevent discrimination, bullying and harassment of all Healthcare Healthcare Workers hired via the Platform on an Assignment;
(c) act in a fair, kind and respectful way to all Healthcare Workers hired via the Platform; and
(d) act in good faith at all times when using the Platform, making Requests and in its dealings with Healthcare Workers.
3.4 The Hirer Healthcare Organization must provide Feedback for all Healthcare Workers hired via the Platform for all Assignments.
3.5 The Hirer Healthcare Organization undertakes that it shall keep its Platform login credentials safe and secure and that it is reasonable for CuRisApp© to rely on all acts taken on a logged in Hirer Healthcare Organization account and the Hirer Healthcare Organization hereby waives any claim it may have against CuRisApp© whether under contract or tort in respect of any actions taken by any third party who has gained access to a Hirer Healthcare Organization account.
3.6 The Hirer Healthcare Organization acknowledges that, when Healthcare Workers hired via the Platform are on Assignments with the Hirer Healthcare Organization, then the Healthcare Worker is under the direction and control of the Hirer Healthcare Organization and as such, the Hirer Healthcare Organization shall maintain sufficient employer liability insurance to indemnify the Hirer Healthcare Organization against any claims, losses, damages or expenses arising out of any claim against CuRisApp© or the Hirer Healthcare Organization by a hired Healthcare Worker for any incident or issue arising during an Assignment, including but not limited to death, personal injury, stress or harassment or any other physical or psychological harm.
4. REQUESTS
4.1 The Hirer Healthcare Organization acknowledges that by making a Request via CuRisApp© Platform, the Hirer Healthcare Organization is irrevocably agreeing to pay the Wages for all CuRisApp© Healthcare Healthcare Workers who accept (in the case of a Team Member) or are accepted (in the case of all other CuRisApp© Healthcare Healthcare Workers) unless:
(a) no CuRisApp© Healthcare Worker applies to or accepts a Request;
(b) the Hirer Healthcare Organization cancels the Request in which case the Cancellation Policy shall apply; or
(c) CuRisApp© Healthcare Worker does not report for the Assignment provided that if CuRisApp© Healthcare Worker reports for part of the Assignment, then the Hirer Healthcare Organization shall pay for the relevant proportion of the Assignment that each CuRisApp© Healthcare Worker reported for.
5. INTRODUCTION FEES
5.1 If the Hirer Healthcare Organization wishes to Engage a CuRisApp© Healthcare Worker on an permanent employment, then it shall pay to CuRisApp© pay 15% of the basic remuneration agreed with the employee.
6. QUALITY CONTROL
6.1 The Hirer Healthcare Organization acknowledges that:
(a) the Platform uses feedback and other data to “rate” the Healthcare Workers hired via the Platform, but such Ratings are provided on an “as is” basis only;
(b) a Healthcare Worker’s CuRisApp© profile contains a self-assessment of skills;
(c) CuRisApp© provides no training whatsoever to Healthcare Workers registered on the Platform.
(d) CuRisApp© conducts basic DBS check at the expense of the Healthcare Worker and can apply for enhanced DBS check if the Hirer organisation requires CuRisApp© to do so and are willing to pay for it.
(e) CuRisApp© performs background checks on the basic documents uploaded by the Healthcare Workers on their profiles. Upon specific request of the Hirer Healthcare Organization may require the Healthcare Workers to present additional documents. In this regard the checks performed by CuRisApp© includes:
– Registration Licence, based on the type of Health Care profession that the Worker belong to:
- GMC – General Medical Council
- HCPC – Health and Care Professions Council
- NMC – the Nursing and Midwifery Council
- GDC – General Dental Council
- GOC – General Optical Council
- GPhC – General Pharmaceutical Council
- Passport with right to work authorisation/visa (for non- UK Citizens)
- Medical indemnity
- Certificate of Completion of Training
and, to the fullest extent permissible by law, CuRisApp© hereby excludes all liability arising out of the Hirer Healthcare Organization’s reliance on a Healthcare Worker’s CuRisApp© Ratings or the quality of any Healthcare Worker hired via the Platform.
6.2 To the fullest extent permissible by law, the Hirer Healthcare Organization waives its rights to claim a refund in respect of any Healthcare Worker hired via the Platform, provided that Healthcare Worker reports to an Assignment and the Hirer Healthcare Organization recognises that its sole remedy in respect of the quality of Healthcare Worker is to give the relevant Healthcare Worker negative Feedback.
6.3 CuRisApp© gives no guarantee that any Request will be fulfilled with Healthcare Workers hired via the Platform and the Hirer Healthcare Organization accepts all risk for any cancellations by Healthcare Workers hired via the Platform or Unfulfilled Requests.
7. HEALTHCARE WORKERS’ WAGES
7.1 The Hirer Healthcare Organization may not oblige Healthcare Workers hired via the Platform to work different hours to the hours contained in any Request however, the Hirer Healthcare Organization may agree with a such Healthcare Worker (before or during an Assignment) a variation to those hours and in the event that a Hirer Healthcare Organization and a Healthcare Worker, hired via CuRisApp© come to such an Agreement, then the Hirer Healthcare Organization undertakes to pay for Healthcare Worker Wages in accordance with clause 7.2 below.
7.2 The Hirer Healthcare Organization will pay directly to Healthcare Worker, hired via CuRisApp©. The Wages comprise CuRisApp© Healthcare Worker’s pay and Expenses. When making a Request or any amendment to a Request, the Hirer Healthcare Organization shall choose their own Wages and the total Wages payable in respect of an Assignment shall be calculated accordingly by the Platform including any Wage Increases. The following conditions apply to CuRisApp© Healthcare Worker Wages:
(a) they are calculated according to the number of hours worked by CuRisApp© Healthcare Worker (to the nearest quarter hour);
(b) the Hirer Healthcare Organization shall, after the Assignment, provide confirmation via the Platform of the hours that each CuRisApp© Healthcare Worker worked on the Assignment and the Hirer Healthcare Organization:
(c) The Healthcare Worker is allowed to submit a Invoices directly to the Hirer Healthcare Organisation and then the responsible person from the Hirer Healthcare Organisation will either approve or disapprove it. The Hirer Healthcare Organisation will not intimate CuRisApp© the hours worked by a Healthcare Worker.
(d) CuRisApp© shall be entitled to rely on CuRisApp© Healthcare Workers’ invoices and the Hirer Healthcare Organization undertakes to pay the Wages in accordance with those CuRisApp© Healthcare Worker Invoices.
8. PRICING AND VAT
8.1 The Hirer Healthcare Organization shall pay to CuRisApp© Fee in respect of their chosen type of access to the Platform – CuRisApp© Standard or CuRisApp© Advanced as calculated and agreed over the Platform from time to time prior to each Request.
8.2 All Fee are exclusive of VAT and the Hirer Healthcare Organization shall pay VAT on the Fee as set out prior to confirmation of a Request.
8.3 Hirer Healthcare Organizations acknowledge that CuRisApp© may use third parties to process authorised payments and that the provisions of clause 4 shall apply in respect of payments for all Requests and in particular, the Hirer Healthcare Organization agrees that:
(a) when a Hirer Healthcare Organization provides payment card details, that these shall be stored by the payment processing provider used by CuRisApp© from time to time; and
(b) when a Hirer Healthcare Organization pays via card or direct debit methods, then the Hirer Healthcare Organization irrevocably agrees that CuRisApp© may deduct the Fees from the Hirer Healthcare Organization’s bank account following the end of a Request and in accordance with clauses 7 and 8 above.
9. CANCELLATION POLICY
9.1 If a Hirer Healthcare Organization makes a Material Amendment to a Request, then the following shall apply:
(a) Material Amendments may be made to any Unfulfilled Requests at any time; and
(b) In respect of any Fulfilled Requests, any Material Amendments must first be accepted by a CuRisApp© Healthcare Worker and if a CuRisApp© Healthcare Worker rejects the Material Amendment, then that the Cancellation Policy shall apply in accordance with clause 9.2 below.
9.2 If a Hirer Healthcare Organization wishes to cancel a Request, then the Cancellation Policy shall apply as amended from time to time and where there is no Cancellation Policy in place, then the Hirer Healthcare Organization shall be free to cancel Requests. The Hirer Healthcare Organization accepts that CuRisApp© may display to CuRisApp© Healthcare Workers how often the Hirer Healthcare Organization cancels shifts by way of disincentive.
10. TERM
10.1 This agreement shall commence on the date on which the Hirer Healthcare Organization signs up for an account on the Platform and continue for as long as a Hirer Healthcare Organization has an account on the Platform (the Term).
10.2 CuRisApp© reserves the right to suspend or remove a Hirer Healthcare Organization’s access to the Platform at any time if, in CuRisApp©’s absolute discretion, CuRisApp© considers that the Hirer Healthcare Organization is, or is likely to be, in breach of this Agreement.
11. INTELLECTUAL PROPERTY AND PRIVACY
11.1 By opening an account, the Hirer Healthcare Organization hereby grants to CuRisApp©, a non-exclusive, perpetual, irrevocable, royalty free, worldwide licence to use the Hirer Healthcare Organization’s name and any of its trade marks, materials uploaded to the platform, trading names or intellectual property rights in any of the same in order to promote the Platform at CuRisApp©’s sole discretion.
11.2 For CuRisApp©’s privacy policy please see https://curisapp.com/privacy-policy/
12. INDEMNITY
12.1 The Hirer Healthcare Organization shall indemnify CuRisApp© for all liability, assessment or claim arising out of any claim against CuRisApp© by a Healthcare Worker hired via the Platform or any third party for any incident or issue arising during an Assignment, including but not limited to death, personal injury, stress, bullying or harassment or any other physical or psychological harm.
12.2 The Hirer Healthcare Organization shall have in place such necessary insurance to cover its obligations under clause 12.1 above up to a value of £5,000,000 per claim.
13. BREACH OF THE AGREEMENT
13.1 The failure of the Hirer Healthcare Organization to comply with clauses 3.2 and 5.1 of this Terms of Use (Agreement) shall be a material breach of this Agreement. In such event CuRisApp may, in addition to any other remedies available at law, in equity, or otherwise specified in this Agreement:
(a) suspend the ability of the Healthcare Organization to make Requests on the Platform for a period of 6 months, and in the meantime the Healthcare Organization will be required to pay monthly fees for this period, in accordance with its chosen access plan and will receive invoices accordingly.
(b) in the event of recurrence, permanently remove the Healthcare Organization’s access to the Platform and reduce their current rating to zero with an indication that it is due to a breach of the Agreement.
14. LIMITATION OF LIABILITY
14.1 Under no circumstances shall CuRisApp© be liable to the Hirer Healthcare Organization for:
(a) loss of profit,
(b) loss of data,
(c) loss of business or goodwill; or
(d) any direct, indirect or consequential loss or special damage arising in connection with this Agreement (in each case whether arising from negligence, breach of contract, equity, statute or otherwise).
14.2 Nothing in this clause shall limit or exclude any liability for fraud, death, personal injury or any other loss which cannot be excluded by law.
14.3 CuRisApp©’s liability for any claim arising in connection with this Agreement shall be limited to a sum equivalent to 100% of the Fee paid by the Hirer Healthcare Organization to CuRisApp© in the 12 month period ending on the date of the event which has given rise to the relevant loss.
15. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16. GOVERNING LAW
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17. JURISDICTION
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
18. FORCE MAJEURE
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement, including payment, if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
19. SEVERANCE
If any provision or part-provision of this agreement 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 this agreement.