Neoclinical Pty Ltd

Terms & Conditions

Welcome to www.neoclinical.com and related online pages (“Website“) which is operated by NeoClinical Pty Limited ABN 51 160 977 855 (“us“, “our“ and “we“).

If you visit the Website, choose to register to be able to view available clinical trials, register your interest as a participant in clinical trials and/or otherwise access or use information on the Website, you agree to the following terms and conditions which form a binding agreement between us from the time of your first visit to or use of the Website (“Terms“).

Where you complete an enquiry on behalf of someone else, you must have, and you represent and warrant to Neoclinical that you have, obtained that person’s informed and voluntary consent to do so or that you are entitled to agree to the Terms on behalf of the person (for example, the person is a child and you are his/her parent, you are the person’s guardian or you have an enduring power of attorney with respect to that person). You agree to the Terms on your own behalf and on behalf of the other person.

For clarity, a reference to “you“ includes individual participants and people who complete enquiries on behalf of someone else.

We reserve the right, in our absolute discretion, to change, add or remove portions of these Terms at any time and you should regularly check these Terms for any such amendments. Your continued use of the Website after any amendment of these Terms indicates your agreement to be bound by the amended Terms.

No Advice/Disclaimer

The content of the Website is provided on an “as is” basis for facilitation, information and clinical research purposes only and in order to inform and co-ordinate the matching of those parties who may be interested in participating in clinical trials/medical research with those parties conducting clinical trials/medical research.

The Website does not (and should not be taken to) provide medical advice or suggest participation in clinical trials as an alternative to medical advice or treatment. The information and content of the Website, as part of an online patient recruitment service, is not intended to offer patients alternative or substitute medical advice or treatment. We urge you to seek professional medical advice for any specific problem or matter which is covered by any information on the Website. You should never disregard medical advice from a medical professional because of information you may have obtained from the Website or as the result of registering as a patient or participant in a clinical trial found on the Website or to which we may refer you.

All clinical trial details on the Website should be checked for accuracy with the relevant Clinic before you join a study. Also, as a clinical trial participant, you should always seek the advice of your medical professional if you have any concerns regarding your health and as to the nature of any trials in which you wish to participate before commencing your participation in such trials. Your participation in any medical trial found on the Website or which we may refer you to is entirely at your own risk.

Our Liability

To the extent permitted by law, we disclaim any and all warranties, either express or implied, statutory or otherwise and/or all liability for injury, loss or damage of any kind or nature arising directly or indirectly from the use of the Website, the information on it or from any participation in a clinical trial as a patient/candidate and whether such was found on the Website or referred to you by us.

You agree that you authorise us to collect, hold, use and disclose your personal information in accordance with our Privacy Policy (click here). Once your personal information is disclosed to a third party or clinic as specified in our Privacy Policy, you agree we have no further control over how your information is used, stored, dealt with or disclosed by the third party and therefore that we accept no further responsibility for that third party’s handling of your information. As a consequence, you agree that you will make no claim of any kind against us arising directly or indirectly out of the use and handling of your information by any third party (as contemplated in our Privacy Policy) to whom we have disclosed your personal information.

By completing any online form on the Website you agree to be contacted by us by email, phone, or social media when a clinical trial relevant to you (i.e. the options chosen by you) is open for enrolment. We will keep your details on our database and when a trial becomes available to match your profile and/or options chosen by you we may contact you. Please do not hesitate to contact us via the “Contact Us” facility on the Website if you have any questions in the interim.

The use of the Website and the content is at the users’ own risk. When using the Website the transmission of data may be out of our control. As a consequence, to the extent permitted by law, we assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Website.

To the extent permitted by law, we and our servants, agents or providers make no representations or warranties in respect of the currency, accuracy, reliability or completeness of any communications or information provided on or through the use of the Website or of the content, software, text, graphics or links forming part of or associated with the Website.

To the extent permitted by law, and without limiting the other provisions of the Terms, none of us or our servants, agents, providers nor any associated third parties referred to or mentioned on the Website will be liable for any damages (including without limitation) incidental and consequential damages, personal injury, wrongful death, lost profits, lost earnings, damages resulting from lost data or business interruption resulting from the use of or inability to use the Website or the content of the Website whether based on warranty, contract, tort or any other legal concept and whether or not we are advised of the possibility of such damages.

Without limiting the above (or anything else in these Terms), our maximum liability from any cause for any loss relating to a breach of these Terms or in respect of any of the transactions contemplated by these Terms is $100.

Nothing in these Terms excludes, restricts or limits any term or guarantee that cannot be excluded, restricted or limited under Australian consumer laws.

Indemnity

You agree to indemnify us and our servants, agents, providers and associated third parties from and against all expenses, losses, damages and costs, including reasonable legal costs, resulting from any breach of these Terms by you.

Website Materials

The product names and images on the Website may be our trade marks or registered trade marks, or those of our affiliates or third parties. The use or misuse of these trade marks, except as expressly authorised in these Terms, is prohibited. The use by us of a third party trade mark on the Website is not intended to indicate any association with or endorsement by us, of that company or trade mark.

Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages, online images (including text, graphics, logos, button icons, video images, audio clips and software), software code and data on or comprising the Website are owned or controlled, and are reserved, by us. By providing your information, data or content (“Data“) to us or placing such on the Website, you grant to us a perpetual, irrevocable, worldwide licence (with the right to sublicense) to use, reproduce, analyse and commercialise your Data as we see fit.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on this Website or expressly authorised in writing by us.

We authorise you to print, copy, re-produce and download materials on the Website, only for personal use, as long the material is not modified in any manner. Printing, copying, downloading, reproduction or distribution of material from the Website for commercial use is expressly prohibited.

Apart from as expressly provided in these Terms or as permitted by law, no part of the Website may be reproduced without our written permission.

Hyperlinking and, in particular but without limitation, deep linking is expressly prohibited without our prior written consent.

Use of Website

You must not (a) use the Website, or any tools offered through the Website, in a manner which; or (b) up-load, post, transmit or otherwise make available through the Website any material which:

  1. violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);

  2. is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

  3. encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

  4. affects the functionality or operation of the Website or its servers or the functionality or operation of any users computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly);

  5. restricts or inhibits any other user from using or enjoying this Website; or

  6. breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

Termination

You may only terminate these Terms by unsubscribing to all services provided by us.

These Terms will terminate immediately on notice from us if, in our sole opinion, you fail to comply with any term or provision of these Terms. On termination, you must immediately unsubscribe from all services provided by us and stop using the Website.

Jurisdiction

These Terms are to be construed according to and governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts in and of New South Wales and the courts of appeal from them in relation to any matters arising under these Terms or in relation to the Website.

Last Updated: January 27, 2016