Terms of use
CuRisApp©
Terms of Use for Healthcare Workers:
BY SIGNING UP WITH A USER ACCOUNT YOU ARE DEEMED TO ACCEPT THESE TERMS AND CONDITIONS
PARTIES
(1) Wyresoft Ltd. – owner of CuRisApp© is 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 (Wyresoft).
(2) You, A registered Health Care Worker in England and Wales
AGREED TERMS
1. INTERPRETATION
1.1 The definitions and rules of interpretation in this clause apply to this agreement.
CuRisApp: means the app known as CuRisApp in the App Store and Play Store
Hirer Healthcare Organization: (including but not limited to) Hospitals, Doctors’ Clinics, Specialists’ Offices & Clinics, Nursing Homes & Assisted Living Facilities, Laboratories & Diagnostics Clinics, Dental Offices, Orthodontics Offices, Outpatient clinics, Opticians, Pharmacies and who are registered and have a profile on CuRisApp.
CuRisApp Community: means the community of Hirer Healthcare Organizations and Healthcare Healthcare Workers who use CuRisApp to work or hire.
Job Application means a vacancy that becomes available at the Hirer Healthcare Organisation and is made via the CuRisApp
Shift means the temporary services to be carried out by You for the Hirer Healthcare Organization, as posted by Hirer Healthcare Organizations on CuRisApp. A shift is a period of work with specific start and end dates & times that becomes available on CuRisApp which allows You to “accept” and “apply”.
Start Time: The time indicated by the Hirer Healthcare Organization in the Job Application as the start of the Shift at which the Healthcare Worker must start working.
Expiry Time: means the period of time you allow your application to a Shift to remain open, which by default shall be the lesser of: (a) the period between your application and the due start time of the Shift; or (b) 24 hours.
Emergency Shift – By definition a shift that can start no more than 48 hours from current date.
Non – Emergency Shift – By definition a shift that can have a start date of up to 6 weeks from current date.
Profile: the profile You build and maintain over CuRisApp including your Rating and Reliability Rating.
Rate of Pay: the rate of pay stipulated on the Shift Card.
Rating: your Healthcare Worker rating which is arrived at via data collected by CuRisApp in respect of: (a) your previous work experience and (b) your ratings provided by Hirer Healthcare Organizations.
Required Shift Information: shall have the meaning set out at clause 4.3.
WTR 1998: the Working Time Regulations 1998 (SI 1988/1833) and all following amendments.
Confidential Information: information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, products, affairs and finances of the Hirer Healthcare Organization, CuRisApp for the time being confidential to the Hirer Healthcare Organization, CuRisApp and including, but not limited to: information that You create, develop, receive or obtain in connection with the Shift, whether or not such information (if in anything other than oral form) is marked confidential.
IP Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
2. THE AGREEMENT
2.1 CuRisApp agrees to provide You with an application for the purposes of finding work and CuRisApp agrees to comply with the terms of this Agreement in doing so.
2.2 You agree to work the Shifts that You are accepted onto and to conduct yourself in a kind, fair and respectful manner and to comply with the terms of this Agreement in doing so.
2.3 No contract shall exist between CuRisApp and You in between Shifts.
2.4 CuRisApp DOES NOT ACT as an Employment Business or Employment Agency . You acknowledge that the sole obligation of CuRisApp is to provide an application in order to introduce You to Hirer Healthcare Organizations and for You to work Shifts and to continue to build relationships with each other via CuRisApp.
2.5 Any of Your actions, related to the usage of CuRisApp, including but not limited to: registration, application, report etc. are free of charge and do not give rise to commitments to pay subsequent fees and/or any other payments.
3. YOUR ACCOUNT
3.1 By downloading and using CuRisApp, You agree that:
(a) You shall not open any more than one account with CuRisApp;
(b) You must only provide accurate and up to date information and documents to CuRisApp during the sign up process and at all other times while You use CuRisApp;
(c) You are responsible for the security of your account on CuRisApp and your username, password and any associated social media and external provider credentials along with any device used to access CuRisApp and, should a third party access your account on CuRisApp as a result of any failure by You to comply with this clause 3.1 (c), then You shall be wholly responsible for any losses arising as a result of the same;
(d) it is your responsibility to keep your contact details up-to-date on your profile. Failure to do so may result in You failing to receive important account related notifications and information from CuRisApp such as information relating to Shifts and amendments to these terms and conditions;
(e) If there is an error on CuRisApp which is caused by a malfunction on CuRisApp or associated software or human error on the part of CuRisApp or any Hirer Healthcare Organization, then CuRisApp reserves the right to correct the error including to reduce Your Rate of Pay in the event that the incorrect Rate of Pay or Shift information was shown to You.
4. CuRisApp
4.1 You acknowledge that there may be periods when no suitable Shifts are available.
4.2 You acknowledge that it is up to You, at your sole discretion, to determine whether a particular Shift is suitable for You. The Hirer Healthcare Organization will, via CuRisApp, provide You with basic information about each Shift in order to assist You to do so but You acknowledge that CuRisApp has no input into the information Hirer Healthcare Organizations provide to You via CuRisApp and CuRisApp makes no warranty as to its completeness or accuracy.
4.3 You acknowledge that, if You choose to work a Shift without the requisite level of experience or skill then your performance could be materially underrated if the Hirer Healthcare Organization is not satisfied with your performance.
4.4 You acknowledge that it is your responsibility to ensure that You are available to work a Shift and CuRisApp accepts no responsibility for any diary clashes which arise as a result of Your failure to comply with this clause 4.4.
5. YOUR OBLIGATIONS
5.1 In order to use CuRisApp You must have the right to work in the UK and You must provide this to CuRisApp via the application when you create your profile. At all times during your use of CuRisApp, You must continue to have the right to work in the UK, You must ensure that You do not work hours in excess of any relevant permit or visa and You must immediately cease use of CuRisApp should You lose the right to work in the UK.
5.2 In order to use CuRisApp, You must have mandatory verifications documents, of which there are six listed below.
1. Registration Licence, based on the type of Health Care profession that You 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
2. Passport with right to work authorisation/visa (for non- UK Citizens)
3. Medical indemnity.
4. DBS/CRB. Basic DBS check will be requested and conducted by CuRisApp and there is a fee (£45) that You need to pay for. Advanced DBS might be required for some specific roles and fee for which will be paid by the Hirer Organisations. If the locum has a valid DBS check, then he/she can provide in the application.
5. Certificate of Completion of Training.
6. Curriculum Vitae are the mandatory documents that all Hirer Organisations will require in order You to work with them.
Some Hirer organisations require additional documents, due to their own internal policies, and these are the ones we have listed as Optional Documents. If You wish to apply for jobs with those specific clients, then you will need to upload the requested Optional Documents. You can see which Optional Documents are required when you click on Job Details within the Job Search.
Some Hirer organisations require You to be familiar with and have experience using applications and tools that will be useful for You to perform the job. Details of these tools and application are available when registered your profile and You can select the opens that are applicable to you.
5.3 If You apply for a Shift, then You acknowledge that You could be accepted by a Hirer Healthcare Organization onto that shift at any time within the Expiry Time of your application and if so, You shall be obliged to work such Shift subject to the terms of clause 5.4.
5.4 If You do agree to work a Shift, You shall:
(a) co-operate with the Hirer Healthcare Organization’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer Healthcare Organization’s organisation;
(b) behave and conduct yourself in a kind, fair and respectful manner at all times during a Shift;
(c) observe any relevant rules and regulations of the Hirer Healthcare Organization’s organization (including normal hours of work) of which You have been informed or of which You should be reasonably aware;
(d) take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or be affected by their actions on the Shift and comply with the health and safety policies of the Hirer Healthcare Organization;
(e) not engage in any conduct detrimental to the interests of the Hirer Healthcare Organization or CuRisApp Community;
(f) comply with all relevant statutes, laws, regulations and codes of practice from time to time in force in the performance of the Shift and applicable to the Hirer Healthcare Organization’s business including without limitation, any equal opportunities or non-harassment policies.
5.5 If You are unable for any reason to work a Shift, then You must use the cancellation button on CuRisApp as soon as You become aware that You are unable to work a Shift. You accept that if You do cancel then this could lead to an adverse impact on your Reliability Rating unless CuRisApp, in its sole discretion (acting reasonably) considers that such an adverse impact would be unfair and elects to change your Reliability Rating (a Reliability Change).
5.6 If you do need to cancel a Shift because You are unwell or there are other extenuating circumstances, You agree to tell CuRisApp or the administrator of the Hiring Healthcare Organisation within 24 hours of the cancellation and You acknowledge that if you fail to do so, then CuRisApp shall have no obligations to consider a Reliability Change.
5.7 If you apply for, accept or carry out any Shifts involving delivery, then you must obtain the necessary “Hire and Reward” insurance to carry out such work and CuRisApp accepts no responsibility for your failure to do so.
6. REMUNERATION
6.1 Subject to You submitting properly authorised Invoices in accordance with clause 7, only the Hirer Healthcare Organization shall pay the Rate of Pay to You in accordance with your Approved Timesheets.
6.2 You are not entitled to receive or to demand any payment from CuRisApp.
6.4 You acknowledge that it is your responsibility to update the Hirer Healthcare Organization with any relevant tax information and to liaise with HMRC to ensure your tax code is correct. CuRisApp is not responsible or liable for your failure to do so.
7. INVOICES
7.1 At the end of each Shift (or within 24 hours of the due finish time of each Shift) You shall raise your Invoice via the CuRisApp.
7.2 You shall raise such Invoices accurately and in good faith and You acknowledge that in the event of a discrepancy between your Invoice and the Invoice approved by a Hirer Healthcare Organization, then the latter shall take precedence.
7.3 For the avoidance of doubt and for the purposes of the WTR 1998, Your working time shall only consist of those periods during which they are carrying out activities or duties for the Hirer Healthcare Organization as part of the Shift. Time spent travelling to the Hirer Healthcare Organization’s premises (with the exception of time spent travelling between two or more premises of the Hirer Healthcare Organization), lunch breaks and other rest breaks shall not count as part of Your working time for these purposes unless otherwise provided for in writing by the Hirer Healthcare Organization.
8. TERMINATION
8.1 The Hirer Healthcare Organization may terminate or reduce any Shift at any time without prior notice or liability.
8.2 CuRisApp reserves the right to remove You from Shifts or to suspend or terminate your access to CuRisApp in the following circumstances, at CuRisApp’s sole discretion (acting reasonably):
(a) any breach by You of your obligations under this Agreement;
(b) if You repeatedly cancel Shifts;
(c) if You fail to show up for any Shift without first cancelling on CuRisApp;
(d) if You are found to be under the influence of drugs or alcohol during Shifts;
(e) you are abusive towards CuRisApp or any member of CuRisApp Community; and
(f) any misconduct by You which could reasonably be considered to be against the interests of CuRisApp Community.
9. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
9.1 In order to protect the confidentiality and trade secrets of CuRisApp and the Hirer Healthcare Organization, You agree not at any time whether during or after a Shift (unless expressly so authorised by the Hirer Healthcare Organization or CuRisApp as a necessary part of the performance of their duties), to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Hirer Healthcare Organization or CuRisApp.
9.2 At the end of each Shift or on request You agree to deliver up to the Hirer Healthcare Organization all documents (including copies), ID cards, swipe cards, equipment, passwords, pass codes and other materials belonging to the Hirer Healthcare Organization which are in its possession, including any data produced, maintained or stored on the Hirer Healthcare Organization’s computer systems or other electronic equipment.
9.3 By using CuRisApp, You consent to CuRisApp using Your Profile and any connecting information and data in order to promote, market and advertise CuRisApp to potential users of CuRisApp Community and, to the extent required, You hereby grant CuRisApp a non-exclusive, worldwide, irrevocable, perpetual licence to all IP Rights in your CuRisApp Profile in order to promote, market and advertise CuRisApp.
9.4 The failure of the Hirer Healthcare Worker to comply with clauses under Section 5 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 Worker to apply for/accept Requests on the Platform for a period of 6 months with an indication that it is due to a breach of the Agreement.
(b) in the event of recurrence, permanently remove the Healthcare Worker’s access to the Platform with an indication that it is due to a breach of the Agreement.
10. PRIVACY POLICY
10.1 Please see our privacy policy here https://curisapp.com/privacy-policy
11. GENERAL
11.1 To the fullest extent applicable by law, CuRisApp’s entire aggregate liability to You arising in connection with any breach of this agreement or negligence arising out of the subject matter of this agreement shall be limited to a total of £100.
11.2 Nothing in this clause shall limit or exclude any liability for fraud, death or personal injury or any other liability which may not be excluded by law.
11.3 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.
11.4 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.
11.5 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).