Terms & Conditions

The following general terms and conditions ("terms") apply to the use of Gig Pharmacists.  By clicking “I Agree” or by using Gig Pharmacists, you agree to be bound by these terms.  If you do not accept these terms, you must refrain from using Gig Pharmacists.  These terms must be read in conjunction with any other applicable terms and conditions governing the use of Gig Pharmacists.  In these terms, the expressions “we”, “us” and “our” are a reference to Gig Medical Pty Limited ABN 99 658 047 904 trading as Gig Pharmacists and “Gig Pharmacists” is a reference to our website, our platform and our services. 

 

Key terms

“content” means any text, graphics, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available on Gig Pharmacists.

“platform” means the software platform provided by us to users through the website known as Gig Pharmacists.

“Practice” means any user who completes the Gig Pharmacists booking process for engaging a Professional and has been accepted by us as a Practice.

“Professional” means any user who completes the Gig Pharmacists application process on our website and has been accepted by us as a Professional.

“services” means the services, information and resources provided by us to users through the website and platform.

“set hourly rate” means the hourly rate (exclusive of GST) payable to a Professional for any shift, as determined by the relevant Professional from time to time. 

“shift” means the period of engagement of a Professional to work as a healthcare professional for a Practice, for a period and at a location, date and time specified in the Practice’s booking.

“user” means any person who completes the Gig Pharmacists registration, application or booking process, as described under ‘user account password and security’ below, or otherwise uses the platform or the services, including specifically Professionals and Practices.

“website” means the website operated by us at www.gigpharmacists.com.au.

 

User account password and security

Using Gig Pharmacists, or using any of our services, may require you to open an account, make a booking or complete an application form.  To do so, you must complete the registration, booking or application process in the manner described on our website.  By opening an account, making a booking or completing an application form, you agree and warrant that all information you provide is accurate and up to date and does not infringe any other person’s rights.  You must also update the details of your account, booking or application if any of them change.

Registration is non-transferable.  You are responsible for all of the activities that occur under your account.  You should carefully choose your password and user name and protect them from unauthorised use.  Please let us know immediately of any unauthorised use of your account or any other breach of security.  We are not liable for any loss if someone else uses your password or account.

Users under the age of 18 must not use our services. 

 

Information you provide to us 

To create an account as either a Practice or a Professional, you must provide us with certain details of your personal information that we request (which may include, without limitation, your name, your date of birth, your phone number, your e-mail address, your photo, your qualifications and professional registrations, your experience and expertise, your mail or physical address or location, your CV, your referee details, your ABN and your GST registration status).  You represent, warrant and undertake to us that you will not provide any false personal information to us, nor to any other user.

We will use, store and handle this information in accordance with the requirements of the Privacy Act 1988 (Cth) that apply to us.

We do not claim ownership of this information or any other content, data or information that you may provide to us.  You will continue to own any and all intellectual property rights in such information.  However, you agree to grant us a perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, communicate, publish, display or distribute such information in an anonymous manner.  This right continues even if you no longer use Gig Pharmacists.  We will only use this information for the purposes of operating, promoting or improving the Gig Pharmacists platform, for developing other products or services.  This means, for example, that we might use this information to compile statistical information for use in marketing Gig Pharmacists, to make improvements to Gig Pharmacists, or to develop complementary products or services to Gig Pharmacists.

If you would like to know more about how we use, store or handle your personal information, please contact us.

 

Practices

If you are a Practice, this section applies to you and your use of Gig Pharmacists.

  • Payments to us

We will charge you the applicable fee under the relevant booking, option or plan selected by you and as set out on our website (“Processing Fee”).  The Processing Fee will be charged on a per shift basis. 

If you make any payments for using the services with a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorise us to charge the designated credit or charge card or online payment account for the total amount of the payment, plus any GST.  

We understand that the needs and requirements of Practices can change quickly, and we pride ourselves on providing you with flexibility.  However, late cancellations can prevent us from providing our users with the best possible service and impacts our ability to allocate Professionals to where they are needed – we ask that you notify us as soon as possible in the event of any cancelled shift and, in any event, more than 72 hours’ notice before the commencement of the shift.  Any Processing Fees in relation to a cancelled shift are non-refundable and forfeited to us. 

Where applicable, you agree to pay all GST and other similar taxes imposed in connection with the supply of the use of Gig Pharmacists to you. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Gig Pharmacists.

  • Engagement of a Professional

You agree that any Professionals engaged by you are engaged by you directly, and is a separate legal arrangement between you and the Professional, and not with us.  You are free to agree other conditions with the Professionals, as long as those conditions comply with all relevant laws and are not inconsistent with these terms.   You agree that such engagement must provide that Professionals be paid at the set hourly rate for every hour worked. Where applicable, you agree that such agreement must also provide that you pay all GST and other similar taxes imposed in connection with the supply of services by the Professional.

Any failure by a Practice to pay a Professional in full for any shift within the time stipulated on the Professional’s invoice will constitute a breach of these terms. 

  • Non-solicit

Except through the ongoing use of our services, for a period of three months after a Professional performs any shift with you, you agree that the Practice will not: (a) employ or engage that Professional either as an employee or a contractor of the Practice; or (b) solicit, induce or encourage that Professional to cease their relationship with Gig Pharmacists in any way.  You acknowledge that any breach by you of this section would cause harm and damage to Gig Pharmacists, and in the event of breach we reserve the right to suspend or terminate your access to our platform, our website and/or our services. You acknowledge that the covenants contained in this section are fair and reasonable.

  • Promotions and guarantees

We may offer free trials from time to time at our discretion. Where applicable, free trial accounts will be terminated if you breach these terms or fail to pay any Processing Fees applicable to your usage prior to the end of your trial. 

We may offer ‘money back guarantees’ from time to time at our discretion.  Where we do so, we may refund your Processing Fee (or any part of such fee, as determined by us) in the event you are not satisfied with the performance of a Professional who you have engaged through Gig Pharmacists to undertake a shift for you.   You must request a refund within five days after the relevant shift and provide us with details as to why you were not satisfied with the Professional.  If we determine that the Professional you engaged through Gig Pharmacists did not perform up to a satisfactory standard, we will refund you your Processing Fee.  We will not provide more than two refunds to a Practice in any six-month period. 

 

Professionals 

If you are a Professional, this section applies to you and your use of Gig Pharmacists.

You will only become a Professional after your application is approved by us.   

You agree that any engagement by Practices is an engagement by them directly, and is a separate legal arrangement between you and the Practice, and not with us.  You are free to agree other conditions with the Practices, as long as those conditions comply with all relevant laws and are not inconsistent with these terms.  If you are engaged to work a shift with a Practice, in addition to complying with any conditions you have agreed with your Practice, you must:

  • perform your work in a positive, diligent and professional manner according to any standards that normally apply to the provision of the relevant services; and
  • act in good faith in all dealings with the Practice and Gig Pharmacists; and 
  • not do anything that may be harmful to the reputation or interests of Gig Pharmacists.

Without limiting the foregoing, you warrant that you possess and will deploy the specific skills and experience relevant to performing the relevant services.

Except through the ongoing use of our services, for a period of three months after you perform any shift with a Practice, you agree that you must not accept any position with that Practice either as an employee or a contractor.  You acknowledge that any breach by you of this section would cause harm and damage to Gig Pharmacists, and in the event of breach we reserve the right to suspend or terminate your access to our platform, our website and/or our services. You acknowledge that the covenants contained in this section are fair and reasonable. 

We pride ourselves on providing our Professionals with flexibility, however no-shows and last-minute cancellations can prevent us from providing our Practices with the best possible service.  You agree to give us no less than 72 hours’ notice before the commencement of your shift if you are unwilling or unable to attend that shift.  We may terminate your access to our platform, our website and/or our services in the event you fail to report for more than one shift in any six-month period. 

You agree that you must perform each shift personally.  You must not subcontract or assign your performance of any shift unless the relevant Practice has agreed.

Your conduct must not invite, directly or indirectly, any criticism of Gig Pharmacists or any proceedings or actions against Gig Pharmacists or bring into question the integrity or good reputation of Gig Pharmacists, our platform, our website or our services.

 

Relationship between Practices and Professionals

You agree that any engagements between Practices and Professionals are separate legal arrangements between such Practices and Professionals, and we are not involved in such separate legal arrangements.  

Any work performed by a Professional under any such engagement with a Practice will be as an independent contractor to the Practice, and again we are not involved in such engagement.  The engagement of a Professional to undertake a shift does not create a relationship of principal and agent, employer and employee, partnership or joint venture between any Professional and a Practice, or more importantly, with us.

Each Professional will invoice the Practice for the number of hours worked in each shift at the set hourly rate.  Following a shift, the Professional will provide the Practice with a tax invoice setting out the Professional’s name, the amount payable, GST payable, the Professional’s ABN and the hours worked.  The Practice is solely responsible for paying the Professional the set hourly rate and all remuneration to which they may be entitled. 

You acknowledge and agree that you are solely responsible for any relationship, agreement or arrangements between you and another user (whether they are a Professional or a Practice), and enter any transaction or dealings with another user at your own risk.  Users accept liability for any decision made or action taken in reliance on any information contained or omitted from the website.  We may facilitate the engagement between Practices and Professionals, but we are not a party to any agreement or arrangement entered into by or between users.  

We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between users (including, without limitation, disputes between Practices and Professionals regarding hours worked and invoices), and we are not obliged to be involved in such disputes, disagreements or matters in any way.  If you have a dispute with one or more users, you release us (and our directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

 

Outcomes and use

We have spent a significant amount of time developing and refining Gig Pharmacists and are confident you will enjoy using Gig Pharmacists and find it useful.   However, we cannot promise or guarantee any specific outcomes from its use. We do not make any representations about the user experience, quality, or the outcomes of any interactions that are initiated via Gig Pharmacists. 

 

External sites 

In Gig Pharmacists, you may come across links or references to external merchants or suppliers.   Please be aware that we do not make any promises about what they may supply to you.  Therefore, any transactions you may have with these merchants are between you and those merchants, and we do not get involved.   By accessing external website links to these merchants and other sites through Gig Pharmacists, we do not promise that they are appropriate, that they work or that they are virus free.

 

Advertising

Gig Pharmacists may display ads to users which are delivered by advertising partners, who may set cookies.  These cookies allow the ad server to recognise your computer each time they send you an online advertisement to compile non-personal identification information about you or others who use your computer.  This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

 

Changes to Gig Pharmacists

We may change or improve Gig Pharmacists at any time.  For example, we may develop and distribute updates, enhancements or new features.

We may also stop making Gig Pharmacists available or modify its availability in any way.  We will always try to give you notice of any such changes in the availability of Gig Pharmacists or certain features provided by Gig Pharmacists before they take effect, although this may not always be possible.

 

Intellectual property

We and our licensors (as applicable) own all intellectual property in relation to Gig Pharmacists, including any updates, enhancements and new features we may provide.

We give you a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive licence to use Gig Pharmacists and any other software provided to you by us in relation to Gig Pharmacists.  This licence is solely to enable you to use and enjoy Gig Pharmacists as intended by us, and you may not copy, modify, distribute, sell or lease any part of our intellectual property.  

We own all trade marks, branding and logos contained in, or relating to, Gig Pharmacists and you cannot use them for any purpose without our prior written consent. 

 

Ownership of user content

We may allow users to post, distribute or publish content on our platform.  Users of Gig Pharmacists retain ownership of the content and information that they post. 

As a user of Gig Pharmacists, you agree that you are solely responsible for any content or information that you post.  We do not guarantee any confidentiality or security in relation to any content or information posted.  We do not endorse or take any responsibility for any content posted by any user.  We do not share or represent the views or opinions of users of Gig Pharmacists.

 

Prohibited uses

You agree that you will only use Gig Pharmacists for lawful purposes.  If you send or post information on or using Gig Pharmacists, you are responsible for anything you send or post.  You must not send or post anything that is against the law or which we think is inappropriate.

We may remove from Gig Pharmacists or refuse to display anything that we think is inappropriate in our absolute discretion.

 

Security and integrity

You must not violate the security of Gig Pharmacists in any way.  We may suspend or cancel your Gig Pharmacists account or your access to Gig Pharmacists if we suspect any security violation.  We may also inform any law enforcement body of any suspected unauthorised or criminal activity.  Examples of security violations include:

  • attempting to gain unauthorised access to any part of Gig Pharmacists, servers or system infrastructure you were not intended to have access to;
  • use Gig Pharmacists in a way that was not intended by us; 
  • attempting to reverse engineer Gig Pharmacists or any system or offering provided through Gig Pharmacists;
  • interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to Gig Pharmacists;
  • sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data); or
  • using any feature of Gig Pharmacists or any other means to send unsolicited commercial correspondence to other users.

 

Changes to and breaches of these terms

We may change these terms of use at any time.  Before changing these terms, we will try to give users notice of such change by way of update before they take effect, although this may not always be possible.   If you continue using Gig Pharmacists after the changes take effect, you are taken to have agreed to the changes.

We may investigate any suspected non-compliance with, or breach of, any provision contained in these terms and conditions for any reason. 

 

No endorsement 

Gig Pharmacists is a merely a platform intended to facilitate the interaction between Practices that require the work of a qualified healthcare professionals and Professionals who wish to work in such roles.  Gig Pharmacists is provided “as is” and “as available”.  You acknowledge that any information available on or accessible through Gig Pharmacists is intended to be general information only, and such information does not constitute professional advice, including without limitation any medical or health advice.  While we use reasonable effort to ensure that any information accessible through Gig Pharmacists is complete, correct and current, to the maximum extent permitted by law, we do not make any guarantee, representation or warranty as to its completeness, accuracy or currency.

While we take steps to ensure that Professionals are experienced and skilled healthcare professionals and provide the Professional’s Australian Health Practitioner Regulation Agency registration number, we do not endorse, recommend or guarantee the quality of any work any Professional may perform for Practices and Practices must satisfy themselves that a Professional holds the required qualifications and legal and regulatory approvals before engaging the Professional to perform a shift.  Likewise, we do not endorse or guarantee the safety or legality of the working conditions provided by any Practice, including with respect to any shift. 

You acknowledge and agree that you are solely responsible for agreeing to enter into any agreement with, and evaluating the experience and appropriateness of, any other user you have any dealings with for the provision or receipt of Professional-related services via Gig Pharmacists.

Although Gig Pharmacists may require users to provide certain information or make certain warranties concerning the information they provide, we do not endorse any user, nor verify the accuracy of any such information that any user may provide via Gig Pharmacists.  Although we may conduct or implement the process of conducting background, police or other similar checks, we are not obliged to conduct such checks on any of its users and you must not assume that we have conducted such checks.  Similarly, although we may have processes of requesting and collecting information through Gig Pharmacists, we are not obliged to request and collect such information, and you must not assume that we have requested and collected such information. You acknowledge and agree that you will exercise all due care and caution in entering into any agreement for the provision or receipt of health professional-related services, and are solely responsible for such agreement, including conducting your own checks, verifications and investigations as you feel necessary.

As a user of Gig Pharmacists, it is your sole responsibility to assess the accuracy of all opinions, advice, and other information provided or accessible via Gig Pharmacists. 

 

Disclaimer

By accessing and using Gig Pharmacists, you assume all risks associated with such access and use.   You agree not to hold us responsible for things other users post or do. 

Please note that as there are many factors beyond our control that may affect the performance or compatibility of Gig Pharmacists with certain software or hardware, we cannot promise that your use of Gig Pharmacists will be uninterrupted or error or defect free or that errors or defects in Gig Pharmacists will be corrected.  While we use reasonable measures to ensure the accuracy and currency of data and information on our website, we are not responsible for the data and information supplied to or by users or third parties.  We make no guarantee that the data on Gig Pharmacists is accurate or current.

To the maximum extent permitted by law, we (and our directors, employees and agents) do not accept any liability for, and you agree to release us from any claim in relation to any loss, howsoever caused, suffered or incurred by you arising from your use of Gig Pharmacists, your engagement of a Professional or your engagement by a Practice, as the case may be (including without limitation any consequential losses or damages) and any liability we owe is limited, to the maximum extent permitted under law, to the amount you paid to use Gig Pharmacists, or (if we choose) us providing the service again.  

 

Indemnity and release

You agree to indemnify, defend and hold us (and our directors, employees and agents) harmless from and against all claims, liabilities, losses or expenses (including reasonable legal fees on a full indemnity basis) that arise from:

  • activity which you engage in with or through our platform, our website or our services;
  • any breach of these terms by you;
  • any breach of any rights of a third party by you; 
  • any breach of any applicable law by you; 
  • any transaction or other dealing between you and another person that arises from or through Gig Pharmacists;
  • the engagement of a Professional (including without limitation the quality or adequacy of any work performed by that Professional); 
  • the failure of any Professional to report to a shift; or
  • the safety or legality of any working conditions provided by a Practice.

 

Termination

We may suspend your access to our platform, our website and/or our services, or terminate our agreement with you and your access to our platform, our website and/or our services for any reason, including without limitation if we reasonably consider that you are in breach of any provision of these terms.  We may, at our discretion, terminate our agreement with you and your access to all or part of our platform, our website and/or our services without the need to provide reasons.

 

Feedback and reporting misconduct

We encourage all users to report any misconduct experienced while using Gig Pharmacists by contacting us.

 

Further information

If you have any questions about the terms or would like any further information, please contact us.