Terms & Conditions

Please read these terms and conditions which govern your use of our website, www.lms.uk.net (“website”) including the LMS IT recruitment portal (“portal”) , and/or our associated mobile applications  [LMS Doctors and Care1Bank] (“ app”) and any updates or supplements made from time to time (separately or together referred to as the “Platform”, as the context requires).

We’ve set up the following ground rules for use of the Platform and we ask that you read these terms of use carefully before you start to use the Platform. LMS reserves the right to change these guidelines at any time, and each visit you make to the Platform will be subject to the current guidelines.

By using our Platform, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using the Platform.

Information about us

The website and the app is operated by LMS Recruitment Systems Limited, a company registered in England and Wales under registration number 09546880  with  registered office is The Old Laundry, 2 Stable Courtyard, Skipton BD23 3AE (”LMS”/”we”/”us”).

If you have any concerns about material which appears on our Platform, please contact marketing@lms.uk.net

Useful definitions

"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Platform.

"Service" means the IT recruitment services available to you and the content we provide to you through the Platform (both now and in the future) for the management and booking of temporary staff across a range of workforce solutions.

"System" means any online communications infrastructure that LMS makes available through the Platform now or in the future. This includes, but is not limited to, web-based email, email links, live chat facilities and message boards.

“You”/”Your” means any visitor to the website and/or any client, third party recruitment agency or candidate using the portal or the app.

Licence

We licence you to use the Platform (and any updates or supplements to it) for the purposes of using the Service (together with any related online or electronic documentation) in accordance with these terms and conditions.

The Service

We provide the Service to you via the Platform. Any assignment that is booked using the Service via the Platform shall be subject to a separate agreement entered into between (as applicable) the client, third party recruitment agencies and/or the candidate, setting out the terms and conditions that apply to the assignment (for example, relating to pay, working conditions and the relationship of the parties). Any such agreement shall not be formed through the use of the Service via the Platform.

Accessing our Platform and availability

The Platform is provided ”as is” and on an “as available” basis. LMS aims to update the Platform regularly and reserves the right, without notice, to alter, update, withdraw, suspend, amend or discontinue any part (or the whole) of the Platform including, but not limited to, the products and/or services available.

Keep your account details safe

If you choose, or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@lms.uk.net.

Disclaimers

LMS makes no warranty or representation that the Platform will meet your requirements, that it will be of satisfactory quality, that it will infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate, complete  or up to date.

No part of the Platform is intended to constitute legal, professional or other advice and the content of the Platform should not be relied upon when making any decisions or taking any action of any kind.

No part of the Platform is intended to constitute a contractual offer capable of acceptance. No goods and/or services are being sold through the Platform and product and/or service details are provided for information purposes only.

Whilst LMS uses reasonable endeavours to make sure the Platform is secure and free of errors, viruses and other malware, all persons accessing the Platform are advised to take responsibility for their own security, that of their personal details and their computers or other devices used to access the Platform.

Intellectual property rights

All material, including that on the Platform, is protected by UK and international copyright and intellectual property laws. This includes, but is not limited to, graphics, images, icons, text and software and is the property of LMS or its content providers. Unauthorised use of the material is prohibited, including reproduction, storage, modification, distribution or republication, and may not be used without prior consent, or where applicable, the respective copyright owner(s).

You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal reference and you may draw the attention of others within your organisation to material posted on our Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Platform in breach of these terms of use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Limitation of liability

LMS accepts no liability for any disruption or non-availability of the Platform.

To the fullest extent permitted by law, LMS expressly excludes liability for:

any direct, indirect or consequential loss or damage incurred by any user in connection with our Platform or in connection with the use, inability to use, or results of the use of our Platform, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill or damage to reputation;
• wasted management or office time; and
• any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect LMS’ liability for death or personal injury arising from our negligence, nor LMS’ liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our Platform

We process information about you in accordance with our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy please click on the link below.

By using our Platform, you consent to such processing and you warrant that all data provided by you is accurate, complete and up to date.

Viruses, hacking and other offences

You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any website linked to it.

Link from/to LMS website

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. As LMS has no control over the content of those sites or resources, it accepts no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via the LMS’ website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Those wishing to place a link to the LMS’ website may do so only to the home page of the website (www.lms.uk.net) without prior permission (in all other circumstances prior consent is required).

Use of communication facilities

When using the enquiry form or other System on the Platform you should do in accordance with the following:

You must not submit content that is unlawful or otherwise objectionable – this includes, but is not limited to, content that is abusive, vulgar, threatening, harassing, obscene, defamatory, racist, ageist or sexist.

You must not submit content that is intended to promote or incite violence.

It is advised that submissions are made using the English language.

You must not impersonate other people, particularly employees and representatives of LMS; and the means you use to identify yourself must not violate any applicable laws or these terms and conditions.

You must not use LMS’ System for unauthorised mass communication such as spam or junk mail.

In order to use the enquiry form and any other communication facility on the Platform (now or added in the future), you are required to submit certain personal details and, by continuing to use this Platform, you represent and warrant that any information submitted is truthful and accurate and that you will keep such information accurate, complete and up to date.

You acknowledge that LMS may monitor any and all communication made to LMS or through the Platform.

You acknowledge that LMS may retain copies of any and all communications made to LMS or through the Platform.

You acknowledge that any information sent to LMS through our Platform maybe modified by LMS in any way and you waive your moral right to be identified as the author of such information. Any restrictions you wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

No waiver

In the event that any party to these terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Platform.

These terms of use and any dispute or claim arising out of or in connection with them or their 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.