STAFFSCANNER TERMS AND CONDITIONS
Acknowledgment and acceptance of our terms of service
By accessing or using any part of the content, properties or Services available to you on or through our website or App you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions. You further acknowledge that these terms are a contract between you and Staffscanner Limited (SC566169) ("Staffscanner"), even though they are electronic and are not physically signed by either party your use of our platform deems your acceptance and continued acceptance of our Terms of Conditions which are subject to change. If you are entering into this agreement on behalf of a company, business or other legal entity (“Client Entity”), you represent that you have the authority to contractually bind such Client Entity to this agreement in which case the terms “you” or “your” or “Client” will refer to such Client Entity. IF YOU DO NOT HAVE SUCH AUTHORITY TO CONTRACTUALLY BIND SUCH CLIENT ENTITY TO THESE TERMS AND CONDITIONS, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR USE THE STAFFSCANNER WEBSITE OR APP.
Updates to our Terms and Conditions
Staffscanner reserves the right, at its sole discretion, to change or modify our Terms and Conditions at any time and without notice to you. Staffscanner will post any changes to these terms and conditions on the website or app and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check our terms and conditions any time you login to our platform for any changes, as they are binding on you. Your continued use of Staffscanner after the date any such changes become effective constitutes your acceptance of the new or revised terms and conditions.
Staffscanner is an online and mobile platform that matches and connects self-employed Registered Nurses, Senior Healthcare Workers and Healthcare Workers (referred to as “Professionals” or “Users”) directly with care homes (“Clients”) that require to fill temporary shifts or assignments.
All self-employed “Professionals” or “Users” are solely responsible for their own self-assessment tax return. They shall not be eligible for any holiday entitlement, pension contributions, PAYE, National Insurance or any other employee benefits from any Clients or Staffscanner (or any subsidiary thereof). Nothing in these Terms shall create or be deemed to create a partnership or relationship of employer and employee between Professionals and Staffscanner or Client.
The “Platform” includes (a) our website located at www.staffscanner.co.uk (the “Site”) and mobile application (our “App") (b) Staffscanner technology platform designed to match and connect care professionals to care providers needing to fill temporary shifts and (c) all data, reports, text, images, sounds, video and content made available through any of the foregoing (collectively the “Content”).
Our “Matching Services” (“Services”) involve using any and all features, functions and content of our Service to identify (with reference to price point, location and availability) suitable professionals for clients to engage.
For ease of reference, the Site, Network, Matching Service, User profiles, our proprietary information and any other Staffscanner products or services are collectively referred to in these terms and conditions as “Staffscanner Properties.”
“Staffscanner Properties” include all such elements as a whole, as well as individual elements and portions thereof. Nothing in these terms and conditions obligates;
(b) Staffscanner to provide you with Matching Services or
Shift: any period of time during the day or night of 12 hours or less.
Assignment: a period of employment greater than a single shift.
Engage: the engagement of a Professional by a Client.
Active user: a Professional or Client who engages with Staffscanner to either services as or engage a Professional.
Day: a period or shift within the hours of 0800 - 2000hrs
Night: a period or shift within the hours of 2000 - 0800hrs
Weekday: Monday to Thursday (excluding Bank Holidays)
Weekend: Friday to Sunday
Base Hours: is the duration of a shift or assignment specified by the Care Provider when the shift or assignment was advertised through the Matching Service and accepted by a Professional
Account Registration and Compliance
You acknowledge and agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If any information provided by you is or becomes untrue, inaccurate, not current or incomplete, you agree to inform Staffscanner immediately. Failure to do so may result in your account being suspended or terminated without notice and future use of our site thereafter being refused. Staffscanner endeavours to verify all relevant information however will not be held liable for any misinformation it receives from Professionals.
Staffscanner has a robust compliance and account registration process which is mandatory and includes meeting a member of the compliance team. Staffscanner at its sole discretion (without giving reason or explanation) can refuse Professionals or Clients access to the Staffscanner Properties prior to signing up, during the signing up process or at anytime thereafter. It is our policy not to divulge any reason for doing so. Furthermore, if a Professional has five or more ratings of two stars or below they will be removed from the system without explanation or notice, this is to ensure quality assurance and good care delivery.
Prior to signing up to the service, during our vetting process, or any time thereafter as well as in our performance of periodic checks, if information is inaccurate or raises any concerns (at our sole discretion) then you may be removed from the platform without consultation.
As part of the registration process, you will need to provide an account user name and password of which you are solely responsible for maintaining the confidentiality and security. You agree to (a) notify Staffscanner immediately of any unauthorised use of your account or if you know or suspect that anyone other than you knows your user name or password (b) accept responsibility for all activities that occur on your account including liability resulting through unauthorised usage unless such use is due to the negligent act or omission of Staffscanner. Professionals acknowledge that Staffscanner will perform relevant checks as it sees fit in its sole discretion which include but are not limited to PVG Disclosure checks (the cost of which will be deducted from their first successfully completed shift or which Professionals may be requested to pay in advance), NMC, SSSC, SVQ, educational, right to work and all other relevant information to verify that the Professional is permitted to work with the relevant client group. We reserve the right at our sole discretion to remove or prevent any Professional or Client from signing up or remove them either on a temporary or permanent basis – if we do so no correspondence or notice will be given to the Professional or Client.
When a Client submits, or asks Staffscanner to submit on its behalf a shift, assignment or job opportunity on our platform, they warrant and represent that (a) the shift, assignment or job opportunity is true, accurate, current and refers to a genuine opportunity (b)they will cancel the shift, assignment or job opportunity if the shift, assignment or job opportunity posted by Client is withdrawn, becomes inaccurate or non-current.
Without limitation, Clients acknowledge and agree not to use our Services to submit (whether directly or by requesting Staffscanner to submit on their behalf) shift(s), assignment(s) or job opportunities that (a) might reasonably be regarded by Staffscanner as “spam” or may otherwise tend to cause annoyance or inconvenience to other users of our Services (b) breaches any applicable law or regulation, (c) impersonates any person, or misrepresents the Client's identity or suggests affiliation with any person.
Once a Shift (“shift,” “assignment,” or “engagement opportunity”) has been accepted by the Client, Staffscanner will send a copy of the Professional's Profile to the Care Provider confirming their identity, a summary of completed third party checks including but not limited to (identity, right to work, disclosure checks, Nursing PIN Number, SSSC registration number), their employment history, training, any relevant qualifications and any other information uploaded by the Professional.
The Care Provider acknowledges and accepts their responsibility to provide a safe working environment along with safe and appropriate equipment for the tasks to be completed by the Professional. The Care Provider commits to orientating the Professional at the start of the shift with regards to any relevant risk assessments, including fire procedures, applicable rules and policies including but not limited to health and safety, security, and any local regulations.
The Care Provider will ensure during the course of the Professional's engagement they are not subject to discrimination by any of the Care Provider's employees, service users or any other third party. The Care Provider shall ensure the Professional is able to take the same refreshment breaks, meals and facilities as the Care Provider's own staff which for the purpose of the Shift are not deductible and must be paid at the Professional's hourly rate.
The Care Provider acknowledges and accepts that any contract or agreement for the supply of the Professional's services is between the Professional and themselves and that Staffscanner has no responsibility or liability for (a) the quality of services performed by the Professional (b) resolving, mediating or otherwise any disputes between the parties (however at its sole discretion Staffscanner may opt to undertake an investigation) (c) any losses arising from the negligent, wrongful, dishonest or fraudulent acts, omissions or misrepresentations of any Professional (d) any losses arising from the theft, destruction, deletion or damage of or to any data, computer systems, possessions or materials by any Professional (e) any loss of profit, business, revenue, goodwill, anticipated savings and/or any claims made under third party contracts, arising out of any failure by Staffscanner to perform any obligations under this Agreement.
Care Providers that cancel a shift or assignment within 24 hours of the shift or assignment starting will be charged 50% of the assignment value up to a maximum charge to the Client of £250 and the full charge which would be payable to Staffscanner had it proceeded.
Professionals that cancel a shift or assignment within 24 hours of the shift or assignment starting or during a shift will lose 1 star from their average star rating and forfeit £50.00 from their next shift or anything outstanding to them as an administration fee for the time Staffscanner staff may have to try to fulfil this shift. If the Professional cancels a shift within 24 hours of the start time of the shift (and this happens twice within a three month period) then the Professional will be removed from the platform without notice.
Professionals that fail to turn up for a shift or assignment will have their account suspended and possibly terminated pending an investigation.
Professionals that go absent (for any reason) during a shift or assignment that has started (unless expressly agreed between the Professional and Care Provider in writing) will result in the Professional's account being suspended and may be prohibited from using the platform pending an investigation.
As soon as Staffscanner becomes aware of a Professional cancelling their “Shift”, Staffscanner will notify the Care Provider immediately and use its reasonable endeavours to source a replacement using the platform. The Care Provider should also “reassign” the shift in order that other Professionals can see the shift and apply to this shift.
If either a Care Provider or Professional cancels a shift or assignment less than 24 hours before the shift or assignment starting, Staffscanner reserves the right at its sole discretion to suspend or terminate the Care Provider's or Professional's account without notice and refuse future use of our site or any Staffscanner Properties thereafter.
If a Care Provider, acting reasonably and in a non-discriminatory fashion believes a Professional is unsuitable to perform the “Shift” once they have arrived at the relevant premises and / or the provision of services by the Professional has commenced, the Care Provider shall terminate the “Shift” on the platform and notify Staffscanner immediately in writing, giving the grounds for its dissatisfaction. The Care Provider will be charged for any completed services (rounded up to the next hour) plus a cancellation charge of 50% of the remaining Shift or Assignment value up to a maximum charge of £250.
In any event, the Care Provider acknowledges and agrees that Staffscanner shall have no liability whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any loss, expenses, damage or delay arising from the Professional cancelling, failing to turn up for or becoming absent from a “shift” that has commenced.
Fees and Payment
The Care Provider will be charged the Professional's hourly rate for the hours / time specified when the Shift was accepted by the Professional (these are known as the “base hours”). Any time worked over and above the “base hours” by the Professional will be rounded up to the nearest 30mins and charged at their hourly rate.
Unless the shift is cancelled by the Care Provider (see cancellation policy) Staffscanner will not be paid any less than the base hours.
Upon completion of the Shift, Staffscanner will issue our Invoice and the Professional's invoice which will be calculated according to the amount of time worked by the Professional, payment for which must be paid in full within 14 days of the date of the invoice using one of the payment methods specified on the invoice. If the Care Provider fails to pay by the due date, we may (a) charge the Care Provider interest on amounts outstanding at a rate of 10% per annum above the Bank of England base rate which shall accrue daily from the due date until payment of the overdue amount, (b) remove any Shift or job advertisement placed or any confirmed bookings by the Care Provider via the Services and suspend your account without notice.
If any Care Provider wants to use the Professional without using the platform at any time up to 6 months after the Care Provider last used the Staffscanner platform, then a resourcing and finder’s fee shall apply as detailed below:
- £750.00 – carer
- £1250.00 – senior carer
- £1750.00 – nurse
These fees shall be payable immediately. Failure to adhere to this will result in the Client being removed from the platform altogether without notification.
Specific Terms of Engagement for Professionals
Professionals acknowledge and accept responsibility for (a) checking the nature of the Care Provider's business, the details of the engagement, hours and location before accepting a proposed engagement (b) for negotiating and agreeing any specific terms and conditions relating to the shift with the Care Provider.
Staffscanner accepts no responsibility for any terms of engagement agreed between the Professional and the Care Provider once the Shift has been assigned (with the exception of the resourcing and finder's fee that shall be applicable for the designated 6 month period).
You acknowledge and accept that payment for services completed by you (or any cancellation charge) will be paid directly by the Care Provider and that Staffscanner has no liability for late or non-payment of your fees.
Before you can start using our Services, you will need to register (see account registration).
To continue using our Service, you acknowledge and agree to maintain your information provided at registration, making sure it remains current, true, accurate and complete. Failure to do so will result in your account being suspended or terminated without notice and future use of our site thereafter being refused.
Duty of Care
All Professionals acknowledge their “primary” duty of care is to the patients to which they are charged. Safeguarding of patients and the effective reporting of adverse incidents is an integral part of patient care. The Professional’s duty to safeguard patients is required by professional regulators, service regulators and supported in law. If a Professional has cause to raise a safeguarding concern during or following a shift the primary point of contact should be the Manager at the Care Provider's premises. If this is not feasible for any reason, or the Manager is the perpetrator of a Safeguarding allegation, the Professional should contact Staffscanner's Safeguarding and Whistleblowing Officer as soon as possible by emailing email@example.com.
Our primary purpose is to ensure the Professionals deliver the best care possible and remain accountable to those they care for. As a result, any Professional with an average rating of two stars or less over their last five shifts will have their accounts suspended without notice. Care Providers are required to rate the performance of any Professional engaged by them at the end of the Shift or Assignment as follows (a) Reliability & Punctuality (b) Professionalism (c) Clinical Ability and Knowledge (relevant to position) (d) Communication & Kindness.
If a Care Provider fails to rate the performance of the Professional within 48hrs of the Shift ending, the Professional may default to a five star rating. Care Providers that fail to provide performance feedback more than five times in a row will have their account suspended without notice.
Data Protection (GDPR)
Staffscanner and any Care Provider that receives and/or processes “User's” (Professional's) personal data shall comply at all times with the General Data Protection Regulations 2018, Data Protection Act 2018 and any other applicable data protection laws (together "Data Protection Law") and shall not perform its obligations under these Terms in such a way as to cause the other to breach any of its obligations under data protection law.
The Professionals acknowledge that the data supplied to Staffscanner will be shared with the Clients when the Professional applies for a shift.
2) only permit the personal data to be processed by persons directly employed by the Care Provider who are bound by enforceable obligations of confidentiality and take steps to ensure such persons only act on your instructions in relation to the processing;
3) protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
5) provide all necessary co-operation and assistance to enable Staffscanner to comply with our obligations under Data Protection Law and to reduce the impact of the incident on our business operations and reputation;
7) on our reasonable request, assist Staffscanner to comply with our obligations under Data Protection Law in relation to (a) notifying a supervisory authority that We have suffered a personal data breach; (b) communicating a personal data breach to an affected individual; (c) carrying out an impact assessment; and (d) where required under an impact assessment, engaging in prior consultation with a supervisory authority unless applicable law requires otherwise, upon termination of these Terms at our option, and unless you have a valid and lawful basis under Data Protection Law for continuing to hold and process personal data provided by Staffscanner you shall:
(1) delete all such personal data permanently, safely and securely and provide Staffscanner with a certificate of destruction; and/or
(2) return to Staffscanner all such personal data and any other information provided by Staffscanner to You; and
(3) cease to process the personal data.
You shall indemnify and hold Staffscanner harmless on demand for any loss, damage, liabilities, penalties, expenses or fines incurred (whether foreseeable or unforeseeable or direct or indirect) as a result of you breaching your obligations under this clause.
You acknowledge and agree not to harvest, collect or store user information or use such information for any purpose inconsistent with the purpose of the Services or for the purpose of transmitting or facilitating the transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of the Services, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited and Staffscanner may prosecute as it sees fit anyone who breaches the conduct agreement.
Changes to our Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any related services (or any parts thereof) with or without notice. You agree that Staffscanner shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any related services.
Restrictions on Your Use of Staffscanner Proprietary Information / Confidentiality
All business, technical or financial information disclosed by Staffscanner via the Staffscanner Properties, including without limitation, the Site, Platform, or Matching Service, is the “Proprietary Information” of Staffscanner which You will hold in confidence and not disclose to others. You agree not to use any of our Proprietary Information (in whole or in part) for any purposes other than evaluation of Staffscanner and our Matching Services. When you have completed your use of our Platform or Matching Service, or if you have not used our Platform or Matching Service in 12 months, you will destroy all items and copies containing or embodying Proprietary Information.
Authorisation to Access and Use Staffscanner Platform
Subject to you complying with our Terms and Conditions and the provisions hereof, you may access or use the Staffscanner platform solely for the purpose of your evaluation of our products and services. You will not: (a) allow any competitor of Staffscanner to use or access the Staffscanner Platform, (b) use or access our Properties to develop or enhance any product or service, or (c) copy any ideas, features, functions or graphics of the Staffscanner Properties. You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Staffscanner Properties. You agree not to access the Site, Platform, or Matching Service by any means other than through the interface that is provided by Staffscanner to access the same.
Ownership and Restrictions
All rights, title and interest in and to the Staffscanner Properties will remain with and belong exclusively to Staffscanner. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Staffscanner Properties available to any third party, (b) use the Staffscanner Properties in any unlawful manner (including without limitation in violation of any Data Protection Law or in any manner that interferes with or disrupts the integrity or performance of the Staffscanner Properties or their related components, or (c) modify, adapt or hack the Staffscanner Properties to, or try to, gain unauthorised access to the Staffscanner Properties or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Staffscanner Properties, or any other products or services of Staffscanner that are not readily made available to the general public or to you using your own account name and password as instructed by Staffscanner).
Related / Linked Sites
You may be able to connect with third parties' sites ('Linked Sites') from the Services. Linked Sites are not, however, reviewed, controlled, or examined by Staffscanner in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. In no event shall Staffscanner be liable directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. We reserve the exclusive right, at our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Services and /or to introduce different features or links to different users of the Services.
In the event that you have any right, claim or action against any User arising from their use of Staffscanner, you agree to pursue such right, claim or action independently of and without recourse to Staffscanner, and you release Staffscanner (including its affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
Limitation of Liability
We (including our affiliates, officers, directors, agents and employees) will not be liable for any claims, actions, proceedings, losses, liabilities, costs, expenses (including reasonable legal costs and expenses) or damages, including for any indirect or consequential loss of; revenues, profits, contracts, business or anticipated savings, any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these Terms and Conditions.
You (as a Client or Professional) agree to indemnify and hold Staffscanner, harmless from any claim or demand (including all reasonable legal costs and expenses) howsoever incurred arising out of your use of our “Site,” or “Services” or as a result of the breach by you of these Terms & Conditions, including any claim brought by any third party against Staffscanner arising out of your use of our “Site,” or “Services”.
Reservation of Rights
Staffscanner owns and retains its rights to all logos, trademarks, copyrights, trade secrets, knowhow, patents and patent applications that are used or embodied in or otherwise related to the Staffscanner Properties. Staffscanner grants no other rights or licences (implied, or otherwise) whatsoever to you under our Terms and Conditions.
By using Staffscanner Property or any of the Services, you agree to us collecting and using technical information about the devices you use on the Site or App on and related software, hardware and peripherals to improve our products and to provide any services to you.
Location and Notification Data
Staffscanner may make use of location and notification data sent from your devices. You can turn off this functionality at any time by turning off the location services settings or notification services settings for the Site or App on the device. If you use the Services, you consent to our transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop Staffscanner collecting such data at any time by turning off the location and notification settings for the Site or App on your device we will not be held liable if your data is unknowingly shared with third parties.
Intellectual Property Rights
You acknowledge that we own or licence all legal rights, title and interest in and to our Website and our Services, including any intellectual property rights which subsist therein (whether those rights happen to be registered or not, and wherever in the world those right may exist) and that all intellectual property rights in the Services [including source code in our website) belong to and shall remain vested in us (or where relevant our licensors). Nothing in these Terms shall confer on you any right, title or interest in any intellectual property rights (except the rights of use set out in these Terms).
You agree not to use any of the trademarks, trade names, service marks, copyrights, logos, domain names, and/or other distinctive brand features belonging to us or any third party unless you have valid written permission to do so. You agree not to alter, remove or obscure any proprietary notices (including copyright and trademark notices] which may appear in or be held within our Website.
In the event that your use of our Website, if used in accordance with these Terms, infringes any intellectual property rights of a third party, we may, at our sole discretion and expense, replace or modify our Website so that it is no longer infringing or obtain for you the right to continue using our Website. This therefore constitutes your sole remedy in relation to any such infringement.
Disclaimer of Warranties
We do not guarantee, represent or warrant that your use of the App, the Site or the Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the App, the Site or the Service will be accurate or reliable. In no event will we be liable under these User Terms or in connection with its subject matter for any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the App or Site, however caused, regardless of legal theory, whether in delict, negligence, contract or otherwise. Regardless of whether a claim for such damages is based in contract, delict and/or any other legal theory, in no event shall Staffscanner's aggregate liability to you for all damages (other than as may be required by applicable law) exceed the amount of total fees paid or payable by you for the Site or App giving rise to the claim. Nothing in these User Terms shall limit or exclude our liability for death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by the law of Scotland.