1 ABOUT RESEARCH4ME
1.1 Thank you for using our website located at research4.me website (“Site”). This Site is owned and operated by AccessCR Pty Ltd (ACN 126 687 410) trading as Research4Me (“Research4Me”).
1.2 Research4Me is an online community (“Community”) that provides people a platform to understand, take part in and collaborate with researchers in clinical trials (collectively, “Service”). Our Service aims to speed up access to better medical treatments by empowering people with knowledge as to how clinical trials work and how to get involved. We focus on making clinical trials more accessible to our Community and support their involvements in clinical trials, both as participants and as collaborators with researchers.
1.3 The Site is available to all users, both within and outside Australia. Any reference to “our,” “we,” “us” shall mean Please read these terms (“Terms”) carefully as they govern your access to and use of the Site. The terms and conditions of the Privacy Statement and Disclaimer are made a part of these Terms.
1.4 All information provided on this Site is for information only. We make no representations or warranties of any kind about the information provided on this Site to the extent permitted by law.
1.5 By visiting, registering for, or using the Site, you agree that we may send you direct communications to the email address or phone number you provide from which you may opt out at any time.
1.6 These Terms may be amended by us at any time, and by continuing to use the Site you accept the Terms as they apply from time to time.
2 MEMBERSHIP REGISTRATION AND ACCEPTANCE OF TERMS
2.1 To obtain access to our Service, you may sign up for a member account (“Account”). By signing up for an Account, you accept the Terms as a condition of joining as a member (“Member”).
2.2 Children under the age of 18 are prohibited from registering as Members. By registering as a Member, you represent that you are age 18 or older.
2.3 As part of the registration process and a condition of your use of the Service, you may provide us current, complete and accurate identification, and other information (some of which is not mandatory) including but not limited to:
- your name and occupation;
- phone number;
- a valid email address;
- profile picture;
- medical information; and
- personal health interests
2.4 If your Registration Information changes, you must promptly update your Account to reflect those changes.
2.5 Once you have competed the registration process, you may participate in an all Member community or sub-community based on your Registration Information, which may include forums, training sessions, activities, surveys and projects.
2.6 You may register your interest in a clinical trial, survey, initiative or study or the like (collectively, “Project”) within a community or sub-community on the Site.
2.7 To maintain the integrity and secure participation of our Community, you agree that:
- the Registration Information you provide for the purpose of accessing the Service is personal to you. You may not authorise or permit anyone else to access your Account or the Service by using your Registration Information;
- you are responsible for maintaining the confidentiality of your Registration Information;
- you shall not disclose to any person or entity personally identifiable information about other Members that you encounter while using this Site (whether posted by a Member on the Community or any other sub-community) or participating in a Project without the express consent of such Member;
- we reserve the right to deny anyone access to an Account, the Service or the Site at any time and for any reason without notice;
- we are not obliged to confirm the identity of the Site users including Members;
- you may not impersonate or imitate any person when registering for an Account or participating in a Project;
- your access to and use of the Site is non-transferable; and
- you will use the Site only for purposes permitted by the Terms and you will abide by any applicable law, regulation or generally accepted practices or guidelines relating to any Service on this Site in the relevant jurisdictions.
3.1 Our objective is to build a friendly and open Community where our Members can have a rewarding experience while they learn and connect with others on their clinical trial journeys. Membership with Research4Me is currently free as we value making a difference by getting people involved in clinical trials.
3.1 We may from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.
4 INTELLECTUAL PROPERTY
4.1 In these Terms:
“Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
“Works” means any material made available on the Site and included in the Service, including (without limitation) written texts, articles, news, newsletters, posts, commentaries, surveys, data, photographs, pictures, graphic works, video, or images.
4.2 You acknowledge that ownership of the Intellectual Property Rights relating to the Site or Service is the property of, licensed by or vest on creation in Research4Me.
4.3 The Works on the Site and of any of the related Service (“Copyright Material”) are subject to copyright and owned by the copyright owner. The Copyright Material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Service and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us. Information procured from a third party may be the subject of copyright owned by that third party.
4.4 The Site or any part of it (including, without limitation, any content or images) may not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent. Members shall take due care to protect the Intellectual Property Rights provided via our Service from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication.
4.5 All Intellectual Property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.
4.6 Unless otherwise stated, we retain all rights, title and interest in and to the Works on the Site and of our Service. Nothing you do on or in relation to the Site will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
- right to use or exploit a business name, trading name, domain name, trade mark or industrial design;
- thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process); or
- any proprietary rights to the Research4Me database.
4.7 “Research4Me” and all associated trade marks are the trade marks of AccessCR Pty Ltd, Research4Me or any related entities. You shall not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours; or
- in a manner which may be confusing, misleading or deceptive.
4.8 The obligations accepted by Site users and Members under this clause survive termination or expiry of these Terms.
5 SUBSCRIPTION SERVICE
5.1 You may join our mailing list and obtain access to our updates, newsletters, projects and upcoming events (“Subscription Service”) by:
- providing us your Registration Information when required.
5.2 Subscribers must take due care to protect the Intellectual Property Rights provided via our Subscription Service from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. We reserve the right to suspend or terminate the Subscription Service for any breaches.
6.1 By registering as a Member, we grant you a limited, worldwide, non-exclusive, royalty-free, and revocable licence (“Licence”) to electronically access and use the Site and our Service in accordance with these Terms. Unless otherwise stated in these Terms or elsewhere on the Site, your use of the Works and our Service is for your personal and non-commercial use only. Any information on this Site, including Members’ Registration Information, must not be used for commercial, marketing or other promotional purposes.
6.2 These Terms do not constitute a sale or transfer of any of the Works and you shall not use, post or upload the Works or any version of it on any website or application that enables other people to create and share content or participate in social networking on the Internet.
6.3 The Licence may be terminated at any time in our sole discretion if you use the Site or the Service except as permitted by these Terms.
6.4 In these Terms, “Communications” means all works and materials (including without limitation text, communications, messages, comments, photographs, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us, the Community or any other sub-communities of the Site.
6.5 To preserve the Community values of Research4Me, you agree that you will not make any Communications or post to or transmit to the Service any statement or material, nor use the Service in any way that:
- contains abusive, pornographic, aggressive, homophobic, defamatory, libelous, hateful, discriminatory, obscene, inflammatory or racist language;
- is unlawful, fraudulent, malicious, misleading, discriminatory or which gives rise to civil or criminal liability or which may call us or the Service into disrepute;
- harasses, bullies or intimidates any person;
- constitutes, assists or encourages a criminal offence, violates the rights of any party, or that otherwise creates liability or violates any local, state, national, or international law;
- infringes upon or violates any third party’s rights, including but not limited to intellectual property rights, rights of privacy, including unauthorised disclosure of a person’s name, e-mail address, physical address or phone number, and/or rights of publicity;
- provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone’s privacy, or providing or creating viruses;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- includes restricted and/or password protected content or materials; or
- solicits, invites, encourages, advocates, incites or provoke any or all of the foregoing.
6.6 You grant to Research4Me, or to any third parties used by us to provide the Service, a non-exclusive, non-transferable, worldwide, and royalty free licence to use, copy, display, perform, distribute, disseminate, transmit, translate, edit, cache and create derivative works of your Intellectual Property, Communications and any information provided or submitted by you in conjunction with the Service.
6.7 The views expressed in any Communications and Community are the views of Members and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any Communications. We encourage you to notify us of any inappropriate or illegal content. We reserve the right to remove any of the Communications for any reason.
6.8 We reserve the right to add, modify, or remove any or all features from any Service we provide at any time with or without notice.
7 OTHER LIMITATIONS ON USE
7.1 Your use of the Site is governed and enforced exclusively by us. Without limiting any other provision of the Terms, you also agree not to do any of the following:
- use the Works in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third-party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other works;
- hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Site or any part of it;
- introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial or service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, time bombs and any new types of programmed threats; or
- remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on or in the Site.
8 MEMBERSHIP TERMINATION
8.1 The Terms will continue to apply until terminated by either the Member or by us as set out below.
8.2 These Terms may terminate if:
- you have breached any provision of the Terms;
- we are required to do so by law;
- the provision of our Service to you by us is, in our opinion, no longer commercially viable.
8.3 We reserve the right to discontinue your Account at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Service without notice if your conduct impacts our name or reputation or violates the rights of any other Member or third party.
8.4 If you want to terminate the Terms, you may do so by closing your Account and terminate your Membership. If you have not logged into your Account within a prior twelve (12) month period, we reserve the right to terminate your Account.
9 REPRESENTATIONS AND WARRANTY
9.1 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these Terms, our Site and the use of our Service.
9.2 This exclusion includes without limitation:
- the completeness, truth, suitability, quality or accuracy of the information or Service descriptions published on our Site (including third-party material and advertisements);
- that the information on the Site is up to date; or
- any Service or the Site will remain available.
You accept that we take no responsibility for any error or omission relating to the material contained on this Site.
9.3 You expressly understand and agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability by any information on the Site and any decisions based on such information are your sole responsibility.
9.4 You warrant that you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.
9.5 Everything on the Site and Service is provided to users and Members “as is” and “as available”. None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Service referred to on the Site. This includes (without limitation) loss or damage you may suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
- costs incurred as a result of you using the Site and our Service; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
9.6 These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability as follows, at our option:
- for any claims relating to these Terms, to the Fees payable under this agreement (if applicable) for the preceding one (1) month;
- in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
- in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
9.7 Save to the extent expressly provided otherwise in these Terms or otherwise required by law, you agree that we will not pay you any compensation or other payment upon the discontinuance or alteration of the Service in any way, or if we stop publishing the Site.
10.1 You agree to defend, indemnify and hold us, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your access to our Service and use of the Site and its Works;
- any direct or indirect consequences of you accessing, using or transacting on the Site or attempts to do so; and/or
- any breach of the Terms.
10.2 We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
11.1 We reserve the right, but have no obligation, to monitor disputes between Members.
11.2 If a dispute arises out of or relates to the Terms as between Research4Me and a Member, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):
- Compulsory process. A party may not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
- Notification. A party claiming that a Dispute has arisen may notify each other party to the Dispute giving details of the Dispute.
- Initial period – efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
- Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
- a mediator agreed on by the Disputants; or
- if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
- Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
- Information. Any information or documents disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
- Costs of mediation. Each Disputant shall pay its own costs. The Disputants may pay equally the costs of any mediator engaged.
- The mediation will be held in New South Wales, Australia.
- Failure to resolve. After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a Dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the Dispute within thirty (30) calendar days after commencement of dispute resolution.
12.1 In these Terms, Personal Information has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth).
12.2 If a Member obtains Personal Information in the course of using the Service under these Terms, the Member may comply with its obligations under the Privacy Laws and not do any act or engage in any practice which would be a breach of the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth).
13 ADVERTISING AND LINKS
13.1 The Site may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.
14 NO WAIVER
14.1 No waiver of rights under this agreement or any of our policy, or agreement between us and a Member shall constitute a subsequent waiver of this or any other right under this agreement.
14.2 Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
15.1 You agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and obligations under these Terms.
16 THIRD PARTY RIGHTS
16.1 A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties’ rights under these Terms is not subject to the consent of any third party.
17 ENTIRE AGREEMENT
17.1 Unless otherwise stated, these Terms shall constitute the entire agreement between you and us in relation to your use of the Site.
18.1 If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
19 LAW AND JURISDICTION
19.1 The Terms and information on this Site are governed by and construed in accordance with the laws of the State of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms.
19.2 If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
20 FORCE MAJEURE
20.1 Notwithstanding any other provision of these Terms, we need not act if it is impossible to act due to force majeure, meaning any cause beyond its control (including war, riot, natural disaster or law taking effect after the date of these Terms). We have no responsibility or liability for any loss or expense suffered or incurred by you because of not acting for so long as the force majeure continues.
21.1 Your feedback is important to us and our Community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Service (“Feedback“). You may submit Feedback by emailing us at MoreInfo@research4.me.
21.2 You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise use the Feedback for any purpose, including (but not limited to) advertising and promotional purposes.
22 OUR DETAILS
22.1 This Site is owned and operated by AccessCR Pty Ltd (ACN 126 687 410).
22.2 Our principal place of business is at Level 40, 100 Miller Street, North Sydney NSW 2060, Australia.
22.3 You can contact us:
- by post, using the postal address given above;
- using our online contact form: https://research4me.accesscr.com.au/contact/ ;
- by telephone, on the contact number published on our Site from time to time: https://research4me.accesscr.com.au/contact/ ; or
- by email, using the email address published on our Site from time to time.
© 2017 RESEARCH4ME. ALL RIGHTS RESERVED.
Terms last updated 17 November 2017.