Locudent – In-App Legal Agreements (UK-Compliant Draft Framework)
INTRODUCTION
By accessing or using Locudent’s services (the “Services”), you agree to be bound by these Terms of Use (the “Terms” or the “Agreement”). Please read this Agreement carefully before creating an account or using the Locudent platform or application.
DEFINITIONS
“Application” means the mobile application(s) made available for download by Locudent (or its licensors) to users and Third Party Providers.
“Client” means any individual, company, partnership, practice, organisation, or entity that uses the Locudent platform to post vacancies, request services, engage, or contract locum professionals.
“Locum” means any person who uses the Application to search for, obtain, upload and provide Services.
“Job Undertaking” means a temporary engagement arranged via the Platform whereby a Locum agrees to provide professional dental services to a Client on a specified date(s), at a specified location, and on agreed terms.
“Third Party Provider” means independent third parties who provide relevant services through the Application, including nurses, doctors, and other medical professionals.
“Locum Policies” means policies applicable to users of the Application, including forms, policies, notices, guidelines, and in-app agreements, which may be revised by Locudent from time to time.
“Data Protection Laws” includes the UK GDPR, Data Protection Act 2018, EU GDPR (where applicable), PECR 2003, and related codes of practice.
“DP Regulator” means any supervisory authority for data protection compliance.
“Platform” means the online web platform operated by Locudent.
“Services” means services provided by Locudent including connecting Clients and Locums, booking tools, scheduling, messaging, notifications, and support.
“User Content” means any materials uploaded or transmitted on the Platform, including text, images, reviews, documents, messages, and profile information.
“Losses” means all losses, liabilities, damages, costs, fines, legal fees, claims, or expenses, whether direct or indirect.
(a) when submitting job details it will not breach anti-discrimination laws or bring Locudent into disrepute.
(b) it will not block or prevent a Locum from working for discriminatory reasons.
(c) all information provided regarding each Job Undertaking will be accurate and up-to-date.
The Client must also provide:
(a) identity information.
(b) required start date and expected duration of the Locum services.
(c) required qualifications, experience, and authorisations. Responsibility for verifying these rests solely with the Client.
Users agree to provide accurate information including GDC registration, right-to-work documents, and professional indemnity cover.
LOCUM OBLIGATIONS
The Locum shall:
(a) perform services in line with Good Practice and the Client’s clinical governance.
(b) comply with health and safety, site and security regulations, and report unsafe practices. Clients are responsible for providing a compliant environment under HTM 01-05 and CQC standards.
(c) comply with Client policies except those solely relating to employees.
(d) promote the Client’s interests and avoid conduct bringing them into disrepute.
(e) give reasonable notice of unavailability.
(f) supply required qualifications or authorisations.
(g) indemnify the Client against Losses resulting from negligent, wrongful or fraudulent acts.
CLIENT OBLIGATIONS
The Client shall:
(a) carry out risk assessments and notify Locums of hazards.
(b) not permit hazardous work without proper assessment.
(c) make all site rules clear in advance.
(d) ensure equipment, PPE, and facilities are safe and compliant, and provide a locum pack.
(f) verify hours and performance via the Attendance Module where available.
(g) resolve issues raised by Locums.
(h) provide support, training, and a premises tour at induction.
INDEPENDENT CONTRACTOR STATUS
Locums act as independent contractors, not employees of Locudent.
Locums are solely responsible for:
– tax
– National Insurance
– registrations and licences
– indemnity insurance
– compliance with law and professional standards
Statement:
“I confirm that I am self-employed, act as an independent contractor, and understand that Locudent is not my employer. I am responsible for my own tax, National Insurance, and professional indemnity cover.”
PROFESSIONAL RESPONSIBILITY & LIABILITY
Locums are solely responsible for their clinical work. They must:
– maintain GDC registration
– exercise independent judgment
– maintain insurance
– comply with laws on patient care and data protection
NO SUPERVISION BY LOCUDENT
Locudent does not supervise or control clinical activity.
PLATFORM ROLE
Locudent only facilitates introductions and bookings. It is not responsible for:
– quality of clinical services
– Locum acts or omissions
– disputes between Locum and Client
Statement:
“I am solely responsible for the clinical work I carry out and will work in accordance with GDC Standards for the Dental Team.”
WORK ASSIGNMENT DETAILS
Displayed in-app, including:
– date and time
– hourly/session rate
– practice location
– additional requirements
ATTENDANCE & PUNCTUALITY
Locums must attend punctually or notify delays immediately.
CANCELLATION POLICY
– Cancellations within X hours may incur a fee.
– Repeated cancellations may limit bookings.
– Clients also have cancellation terms shown in-app.
INDEPENDENT RELATIONSHIP
Locudent is not a party to the clinical or contractual relationship.
PROFESSIONAL OBLIGATIONS
Locums must maintain registrations, insurance, and work within competence.
DISPUTE RESOLUTION
Disputes follow Locudent’s published process.
ACCEPTANCE
Clicking “Confirm Booking” means agreement to the terms of that assignment.
Parties act as Data Controllers unless one party processes data for the other, in which case GDPR Article 28 Processor obligations apply.
Each party must:
– comply with Data Protection Laws
– maintain processing records
– notify the other of data-related complaints
– cooperate with Data Subject rights
– only process data per documented instructions
If Clients upload Locum personal data (e.g., Staff Bank features), Clients become Data Controllers and Locudent acts as a Data Processor.
Locudent uses cookies for functionality, analytics, preferences, and targeted content.
Types:
– strictly necessary
– analytics/performance
– functionality
– targeting (third-party)
Cookies last up to two weeks unless renewed.
Users may block cookies in their browser, though essential functions may be affected.
Third-party providers may also set cookies under their own policies.
Locudent is a technology platform only. It does not employ or supervise Locums or guarantee quality of dental work.
Clients acknowledge that:
– Locudent is not involved in clinical services
– only Clients can supervise or insure risks
– Locudent is not liable for Locum acts or omissions
– Clients are responsible for tax/NI obligations and due diligence
– Locudent’s liability is limited as permitted by law
Non-solicitation: Clients may not engage Locums outside the App for 12 months after last engagement.
Users agree to indemnify Locudent against claims arising from:
– clinical work
– Client workplace conditions
– breaches of these Terms
– misrepresentations, acts or omissions
Indemnity does not apply to Locudent’s own negligence or fraud.
Users must not engage in discrimination, harassment, bullying, or abuse.
Users must maintain professional standards and provide accurate information.
Any misuse of the platform may result in suspension or removal.
Locudent may terminate access immediately for violations.
Locudent may monitor platform use to detect breaches.
Inactive accounts may be closed.
Users banned for violations may not re-register.
KEY LEGAL CLAUSES
Independent Contractor Clause:
“I confirm that I am acting as a self-employed independent contractor when accepting bookings via Locudent. I understand that Locudent does not direct, control, or supervise my clinical work, and I am solely responsible for fulfilling my tax, National Insurance, and professional indemnity obligations.”
Liability Disclaimer:
“Locudent does not provide dental services, does not employ locums, and is not responsible for any treatment or advice provided by locums to patients. All clinical responsibility lies with the locum and the engaging practice.”