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Terms of Service

These Terms of Service (Terms) govern access to and use of the VetShifts website and platform operated by VetShifts Pty Ltd ACN 700 263 672 (VetShifts, we, us or our).

VetShifts is an online staffing platform that connects veterinary practices (Practices) with locum veterinarians, veterinary nurses, receptionists and other veterinary professionals (Locums).

By creating an account or using the VetShifts platform, you agree to these Terms.

1. The VetShifts platform

VetShifts provides a technology platform through which:

  • Practices can create profiles, post available shifts, review applications and book Locums;
  • Locums can create professional profiles, view and apply for available shifts and manage their bookings;
  • Practices and Locums can communicate in relation to shifts;
  • hours and approved expenses can be submitted and approved; and
  • payments relating to completed shifts can be processed through the platform.

VetShifts facilitates the connection between Practices and Locums but is not the employer of any Locum and does not employ, engage, supply, supervise or direct Locums on behalf of Practices.

Any engagement arising through VetShifts is between the Practice and the Locum. VetShifts is not a party to the employment, contractor or other working arrangement between them.

Nothing in these Terms creates an employment, partnership, joint venture or agency relationship between VetShifts and a Practice or Locum.

2. Accounts and eligibility

You must provide accurate, complete and current information when creating and maintaining your VetShifts account.

You are responsible for activity undertaken through your account and must not allow another person to use your account without our permission.

Practices are responsible for ensuring that information about their practice, locations and shifts is accurate.

Locums are responsible for ensuring that their profile, experience, qualifications, professional registrations, availability and other credentials are accurate and current.

We may undertake reasonable checks of Practices and Locums before or during their use of the platform, including checking professional registration and other credentials.

These checks are intended to support the operation of the platform and do not constitute an accreditation, endorsement or guarantee by VetShifts of any Practice or Locum.

We may request updated information or evidence of credentials from time to time.

3. Shifts and engagements

Practices are responsible for ensuring that shift listings accurately describe the role, location, hours, rate of pay and any material requirements applying to the shift.

Locums are responsible for reviewing the details of a shift before applying for or accepting it.

Once a shift is confirmed, the Practice and Locum are responsible for complying with the agreed shift arrangements and promptly communicating any changes.

The Practice and Locum are responsible for agreeing any additional terms that apply to their engagement, to the extent those terms are not recorded through VetShifts.

VetShifts does not guarantee:

  • that any particular number or type of shifts will be available;
  • that a Practice will receive applications for or fill a shift;
  • that a Locum will obtain any particular shift or amount of work;
  • the suitability of a Practice or Locum for a particular engagement; or
  • any particular level of income or earnings through the platform.

4. Cancellations and no-shows

Practices and Locums should only confirm shifts that they reasonably expect to honour.

If a confirmed shift needs to be cancelled or changed, the cancelling party must notify the other party as soon as reasonably possible through the platform or using the available contact details.

Repeated late cancellations, failure to attend confirmed shifts, or other conduct that materially affects other users may result in a warning, restriction, suspension or termination of access to VetShifts.

VetShifts may introduce or update reasonable cancellation rules or cancellation fees from time to time. Any applicable cancellation rules or fees will be disclosed through the platform before they apply to a booking.

5. Fees and subscriptions

Locum accounts are currently free to use.

Practices pay the subscription fee displayed on the VetShifts website or platform. Unless otherwise stated, subscription fees are exclusive of GST and any other applicable taxes.

Practice subscriptions automatically renew for the applicable subscription period until cancelled. A Practice may cancel its subscription through the billing portal, with cancellation taking effect at the end of the current paid subscription period.

Subscription fees already paid are generally non-refundable for partial or unused subscription periods, except where required by law.

VetShifts may change its subscription fees from time to time. We will give reasonable notice of material pricing changes before they apply to an existing subscription.

6. Shift fees, payments and payouts

VetShifts charges a platform fee in connection with completed shifts.

Unless a different fee is displayed and agreed through the platform:

  • the Practice pays a platform fee equal to 5% of the amount payable for the hours worked, in addition to the amount payable to the Locum; and
  • a platform fee equal to 5% of the Locum's shift payment is deducted from the amount paid to the Locum.

Approved shift expenses are reimbursed at cost and are not subject to the platform fee unless otherwise disclosed through the platform.

VetShifts may also offer optional paid features, including shift promotion or boost services, at the prices displayed through the platform.

Payments and payouts are processed using Stripe or another payment provider nominated by VetShifts.

By using payment functionality through VetShifts, you authorise VetShifts and its payment provider to process the relevant charges, payments, deductions, refunds and payouts associated with your use of the platform.

Payment processing may also be subject to the payment provider's terms and conditions.

Locums working in Australia are personally responsible for remitting any superannuation guarantee amounts, or otherwise complying with the superannuation guarantee requirements, in relation to any shifts completed by them or related work arrangements through VetShifts.

Unless otherwise stated, all platform and other fees are exclusive of GST and any other applicable taxes.

7. Hours, expenses and payment disputes

Following completion of a shift, the Locum must submit their hours worked and any reimbursable expenses through the platform.

The Practice is responsible for reviewing the submitted information and approving it or raising any genuine discrepancy within a reasonable period.

Locums must only claim hours actually worked and expenses genuinely incurred in connection with the relevant shift.

Practices must not unreasonably withhold or delay approval of properly submitted hours or expenses.

If there is a dispute about hours, expenses, payment or another aspect of a shift, the Practice and Locum should first attempt to resolve the issue directly and in good faith.

VetShifts may assist with communications or review information recorded through the platform, but is not required to determine contractual disputes between Practices and Locums.

We may delay or withhold processing of a disputed amount while a genuine payment dispute is being investigated.

8. Practice responsibilities

Each Practice is responsible for the workplace and for complying with the laws and obligations applicable to its engagement of Locums.

This includes, where applicable:

  • providing a safe working environment;
  • appropriate workplace induction, supervision and support;
  • workplace health and safety obligations;
  • workers' compensation or WorkCover obligations;
  • employment or contractor obligations;
  • superannuation, payroll and tax obligations; and
  • any other legal or regulatory requirements relating to the engagement.

The Practice is responsible for determining the appropriate legal basis on which it engages each Locum.

VetShifts does not provide legal, employment, payroll or taxation advice to Practices or Locums.

9. Locum responsibilities

Each Locum is responsible for:

  • maintaining the qualifications, registrations and licences required to perform their role;
  • ensuring they hold relevant qualifications to practice in the applicable state or country they accept and undertake shifts in;
  • maintaining any professional indemnity or other insurance required by law or appropriate to their engagement;
  • ensuring that information and credentials supplied through VetShifts remain accurate and current;
  • performing accepted shifts professionally and in accordance with applicable professional standards; and
  • complying with applicable legal, tax and regulatory obligations.

Locums must promptly notify VetShifts if a professional registration or other credential relevant to their use of VetShifts expires, is suspended, cancelled or materially restricted.

10. Acceptable use of VetShifts

Users must use VetShifts lawfully, honestly and professionally.

You must not:

  • provide false or misleading information;
  • misrepresent your identity, qualifications, credentials, experience or authority;
  • post false, misleading or inappropriate shift listings;
  • use the platform to harass, discriminate against or abuse another person;
  • interfere with the operation or security of the platform;
  • attempt to gain unauthorised access to VetShifts or another user's account;
  • scrape, copy or systematically extract data from the platform without our permission;
  • use another user's personal information for purposes unrelated to legitimate VetShifts activities; or
  • use VetShifts for unlawful or fraudulent purposes.

Ratings, reviews, messages and other content submitted through VetShifts must be genuine, relevant and respectful.

We may remove inappropriate content or restrict, suspend or terminate accounts that breach these Terms.

11. Circumvention of the platform

VetShifts invests in bringing Practices and Locums together and operates partly through fees charged on engagements facilitated by the platform.

Where a Practice and Locum are introduced to each other through VetShifts in connection with a shift, they must not deliberately arrange that shift outside VetShifts for the purpose of avoiding applicable VetShifts fees.

This does not prevent a Practice and Locum from entering into other legitimate working arrangements with each other, but users must not misuse the platform or deliberately circumvent payment of fees properly payable for shifts arranged through VetShifts.

12. Communications, ratings and user content

Users may be able to submit profile information, messages, ratings, reviews and other content through VetShifts.

You remain responsible for content you submit and must have the right to provide that content.

You grant VetShifts a non-exclusive licence to store, display and use that content to the extent reasonably necessary to operate, administer and improve the platform.

VetShifts may access communications and other platform records where reasonably necessary to provide support, maintain platform security, investigate suspected misuse, resolve disputes or comply with legal obligations.

We may remove content that we reasonably consider unlawful, misleading, offensive, inappropriate or in breach of these Terms.

13. Privacy

VetShifts handles personal information in accordance with its Privacy Policy, available on the VetShifts website.

By using VetShifts, you acknowledge that personal information may be shared between Practices and Locums where reasonably necessary to facilitate applications, bookings and shifts.

Each user is responsible for handling personal information obtained through VetShifts appropriately and in accordance with applicable privacy laws.

14. Intellectual property

VetShifts and its licensors own all intellectual property rights in the VetShifts platform, website, software, branding and content created by VetShifts.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use VetShifts for its intended purpose.

You must not copy, reproduce, modify, distribute, reverse engineer or commercially exploit any part of VetShifts except as permitted by law or with our prior written consent.

15. Availability of the platform

We aim to keep VetShifts available and operating reliably but do not guarantee that the platform will always be available, uninterrupted or error-free.

We may modify, maintain, suspend or discontinue parts of the platform where reasonably necessary.

We are not responsible for outages or failures caused by matters outside our reasonable control, including failures of internet, telecommunications, hosting or third-party payment services.

16. Suspension and termination

You may stop using VetShifts at any time and may cancel a paid subscription in accordance with section 5.

We may restrict, suspend or terminate an account where we reasonably believe that a user:

  • has materially or repeatedly breached these Terms;
  • has provided false or misleading information;
  • no longer holds required professional credentials;
  • has failed to pay amounts properly due;
  • poses a material safety, legal, fraud or security risk; or
  • has otherwise seriously misused the platform.

Where reasonably practicable, we will give the user notice and an opportunity to address the issue before terminating an account, unless immediate action is reasonably necessary.

Termination does not affect accrued rights or obligations, including payment obligations relating to shifts already completed.

17. Liability

VetShifts provides a platform that facilitates connections and transactions between independent users. We do not control and are not responsible for the professional performance, conduct or workplace of Practices or Locums.

To the maximum extent permitted by law, VetShifts is not liable for loss arising from:

  • the acts or omissions of a Practice or Locum;
  • the performance or non-performance of a shift;
  • workplace incidents, injuries or employment disputes;
  • inaccurate information provided by another user;
  • a Practice or Locum failing to comply with their legal, professional, taxation, insurance or regulatory obligations; or
  • temporary unavailability of the platform or third-party services outside our reasonable control.

To the maximum extent permitted by law, VetShifts' aggregate liability arising out of or in connection with the platform or these Terms is limited to the total fees paid by the relevant user to VetShifts during the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law, the Consumer Guarantees Act 1993 (NZ) where applicable, or any other law that cannot lawfully be excluded or limited.

18. Your responsibility for claims

To the extent permitted by law, you are responsible for loss or claims suffered by VetShifts arising directly from:

  • your material breach of these Terms;
  • information or content you provide that infringes another person's rights;
  • your unlawful or fraudulent conduct; or
  • your failure to comply with legal or professional obligations that are your responsibility under these Terms.

This section does not apply to the extent that the relevant loss was caused or contributed to by VetShifts.

19. Changes to these Terms

We may update these Terms from time to time to reflect changes to VetShifts, our fees or applicable laws.

The current version will be published on our website with its effective date.

We will give reasonable notice of material changes that adversely affect existing users, including material changes to subscription or platform fees.

Continued use of VetShifts after updated Terms take effect constitutes acceptance of the updated Terms.

20. General

If any provision of these Terms is invalid or unenforceable, the remaining provisions continue to apply.

A failure or delay by VetShifts to exercise a right under these Terms does not waive that right.

You may not transfer your rights or obligations under these Terms without our consent. VetShifts may transfer its rights and obligations as part of a genuine sale, restructuring or transfer of the VetShifts business.

These Terms, together with the Privacy Policy and any pricing or other terms expressly agreed through the platform, constitute the agreement between VetShifts and you regarding your use of the platform.

21. Governing law

These Terms are governed by the laws of Queensland, Australia.

You and VetShifts submit to the courts of Queensland and courts entitled to hear appeals from those courts.

Nothing in this section limits any rights a New Zealand user may have under mandatory New Zealand law.

22. Contact

If you have any questions about these Terms, please contact:

VetShifts Pty Ltd
ACN 700 263 672
Email: hello@vetshifts.com.au