Terms & Conditions for Visitors to the Site
"Advertisers" shall mean those individuals,
companies or firms placing information free of charge
or subject to payment on the Site whether accessible
by Visitors free or on a fee-bearing basis.
"CTF" shall mean ClinicalTrialFinder.com
"Content" shall mean any data, text, graphics,
links or computer code published on or contained within
"Product" shall include any and all profiles
of studies or any contacts, contributors, events, press
releases, customer enquiry forms, newsletters and any
other information and data whether offered for free
or for a fee.
"Site" shall mean http://www.ClinicalTrialFinder.com.
"Study Sponsor" shall mean the individual,
firm or CTF placing study details on the Site
"Terms" shall mean these terms and conditions.
"Visitor" shall mean the individual, firm
or CTF entering the Site.
Acceptance of Terms
2.1 By entering and using the Site the Visitor signifies
acceptance of these Terms. The Visitor may print and
keep a copy of these Terms.
2.2 CTF may revise these Terms at its sole discretion
at any time and without notice with such changes being
deemed to take effect immediately and to be accepted
by Visitors that continue to access the Site.
Site Access and Fees
3.1 The Site is only available to bona fide clinical
investigators, their colleagues and support staff and
professionals associated with the healthcare industry.
3.2 CTF reserves the right to validate any individual
applying for registration.
3.3 CTF reserves the right to prevent access to any
fraudulent applicant and make public the said application.
3.4 All information supplied by the Visitor in response
to presented material must be true and as complete and
accurate as possible.
3.5 Each Visitor is responsible for his/her password
and will take all reasonable precautions to prevent
fraudulent use of the password.
3.6 The Visitor undertakes not to disclose the password
to anyone else.
3.7 The Visitor will not be eligible for any compensation
because they cannot use any constituent part of the
Site or because of the failure, suspension or withdrawal
of all or part of the Site. CTF may change, suspend
or cancel all or part of the Site or any or all of the
Content at its sole discretion at any time.
3.8 Access to the Site registration, login, receipt
of email newsletter, alerting services and other content
(other than content which is clearly indicated on the
Site as fee-bearing) is free of charge.
3.9 Payment terms for any fee based Content or service
shall be on the terms stated on the Site unless specifically
agreed otherwise in writing between CTF and the Visitor.
4.1 The copyright in the Content and images on the Site
are owned by CTF. All rights are reserved.
4.2 ClinicalTrialFinder.com name and logo and all related
product and service names, design marks and slogans
are the trade names, service marks, or trademarks of
CTF and may not be used without the prior written consent
4.3 All product names or other third party-owned names
appearing on the Site are acknowledged as the trade
or service marks or registered trade or service marks
of their respective owners. All trade or service marks
4.4 While every effort is made to ensure that information
on the Site is accurate, CTF assumes no responsibility
for errors or omissions.
4.5 Save where ownership of Content is expressly stated
on the Site to be vetted in CTF the ownership of information,
data, trade marks, service marks, corporate logos and
graphics shall remain the property of their respective
owners, who have supplied them to CTF for use on the
Site and associated publications.
4.6 No rights to, or property in all or any part of
the Site shall pass to the Visitor.
Visitor Rights and Restrictions.
5.1 The Visitor, subject to Clause 5.2 hereof, shall
not copy, duplicate, translate into any language or
in any way reproduce the Site or any part thereof or
any of the Content or knowingly permit the same without
written permission of CTF and the respective copyright
5.2 The Visitor shall be permitted to reproduce a reasonable
number of copies of the Content, (but not the computer
code or any part thereof copy of which is strictly forbidden)
for the purposes of the Visitor's own research or private
5.3 All and any copies of extracts from the Content
shall be clearly and conspicuously marked with a copyright
notice as follows: "© Copyright Clinical Data
Technologies Ltd (http://www.ClinicalTrialFinder.com)
(year of copyright)".
5.4 The Visitor shall ensure that all the Visitor's
employees and representatives are made aware of these
conditions and comply with them.
5.5 The Visitor assumes full responsibility for all
risks arising from the Visitor's use of the Site.
5.6 Content published on the Site is for information
purposes only and it is the responsibility of the Visitor
to identify and confirm the accuracy and suitability
of the Content and any use made thereof including without
limitation use of advertising on the Site and for whatever
other purpose the Visitor requires or wishes to use
5.7 The Visitor will indemnify CTF, its servants and
agents, and hold CTF, its servants and agents, harmless
against all claims, liability, losses, damages and expenses,
including, without limitation, legal fees and costs
arising out of or incurred as the result of any claims
made, or litigation brought, against CTF, its servants
and agents, as a result of the use by the Visitor of
the Content or part thereof for whatever purpose.
5.8 The views of the authors are not necessarily those
of the Directors or staff of CTF.
5.9 Visitors that register their details with the Site
agree that their details may be stored on a database
and may be used to send them communications from CTF
or made available to selected Third Parties.
Warranties and Liabilities
6.1 CTF warrants that it will not release the identity
of any Study Sponsor to a third party.
6.2 CTF warrants that it will use all reasonable care
and skill in carrying out obligations under this Agreement.
6.3 All other conditions warranties and obligations
implied by statute common law or otherwise and any liabilities
arising therefrom are excluded to the extent permissible
6.4 CTF accepts no liability for the completeness or
accuracy of any Content supplied to CTF by Study Sponsors
or advertisers for placement on the Site.
6.5 Under no circumstances shall CTF or any of its officers,
directors, employees, subsidiaries, agents, parents,
or affiliates be held liable for any indirect, incidental,
special or consequential damages, even if CTF has been
advised of the possibility of damages, (including, without
limitation, damages for losses whether of a personal,
public, institutional or corporate nature, loss of any
revenues or profits) arising in contract, tort or otherwise
from the use of or inability to use the Site, or any
of the Content, or from any action or decision taken
as a result of using the Site or the Content. CTF's
liability for breach of this Agreement is limited to
the amount actually paid (if any) by the Visitor for
use of the Site and any of the content. CTF is hereby
released from any and all obligations, liabilities and
claims in excess of this limitation.
6.6 All provisions of this clause limiting or excluding
liability operate separately and shall survive independently
of the other provisions.
7.1 CTF reserves the right to decline, withdraw or terminate
access to the Site without notice and in particular
if CTF suspect that any material stored or disseminated
by the Visitor may be in contravention of clause 5.1
above, and to terminate any agreement made under these
terms with the Visitor.
7.2 In the event that:
(A) The Visitor is in breach of these Terms and if capable
of remedy fails to remedy them within thirty days of
receipt of notice in writing or by e-mail from CTF requiring
them to do so, or
(B) If the Visitor becomes insolvent, unable to pay
its debts, bankrupt or placed in the hands of a receiver
or administrator or wound up (other than for a solvent
reconstruction) then CTF may immediately terminate any
agreement with the Visitor made under these terms.
7.3 Effects of termination The Visitor:
(A) Will remain liable to pay CTF all sums accrued due
on or prior to the date of termination.
(B) Will continue to respect and uphold all confidentiality
and copyright obligations.
(C) Will if requested by CTF return all materials belonging
to CTF and will specifically certify that they have
No party shall be held to be in breach of its obligations
hereunder (except in relation to the obligation to make
payments) nor liable to the other for any loss of damage
which may be suffered by another party due to any cause
beyond its reasonable control including without limitation
any act of God, a flood, lightening, fire, strike, lock
out, trade dispute, act or omission of government regulatory
authorities or other competent authority.
Any notice required to be given under an Agreement made
on these terms shall be sent by first class post or
fax or electronic mail and shall be deemed to be given
two days after posting if sent by post to the other
party's address as notified by the party, at the time
the fax is sent if sent by a fax before 4.00 p.m. in
the afternoon otherwise 9.00 a.m. the next working day
and at the time the e-mail is received at either party's
e-mail address if sent by electronic mail.
Any failure by any party to exercise or enforce any
of its rights under this Agreement shall not be deemed
to be a waiver of any such rights or operate so as to
bar the subsequent exercise or enforcement of any such
right. This Agreement represents the entire understanding
between us in relation to its subject matter and supersedes
all other agreements or representations made by either
of us whether oral or written. If any provision of this
Agreement is held to be invalid or unenforceable the
validity or enforceability of the remaining provisions
shall not be affected thereby. Notices and communication
to CTF should be sent for the attention of:
Nigel Levinson, Director, Clinical Data Technologies
by fax to: +44 (0)1964 550852, by electronic mail: nigel@ClinicalTrialFinder.com
These terms and any Agreement made on the basis thereof
shall be governed and construed in accordance with the
Laws of England and the parties hereto submit to the
exclusive jurisdiction of the English Courts.
© 2001 ClinicalTrialFinder.com
Division of Clinical Data Technologies Ltd