Terms and Conditions of Use for Teckro Application for:
This Application (hereinafter referred to as the “Application”) is operated by Teckro Limited, a limited liability company incorporated under the laws of Ireland with its registered office at 63 O’ Connell Street, Limerick, Ireland (hereinafter referred to as “Teckro” or we/us/our”).
1) Use of Application
a) Access to this Application and the use of the information contained on it, are governed by the terms and conditions set out below (the “Terms”). The Terms are important and are for the protection of both the user (“you”) and us. Your use of this Application signifies your agreement to these Terms. If you breach any of these Terms, your right to use this Application automatically terminates. You agree that by downloading or using the Application you are entering into a legally binding agreement with us. If you do not agree to these Terms, do not use this Application.
b) Our Teckro privacy statement explains how we treat your personal data and how we protect your privacy when you use the Application. By using the Application, you consent to us collecting and using any information that you provide us in accordance with the terms of the Privacy Statement and any privacy settings which we may provide to you.
2) Prohibited Conduct
a) You are liable for any abuse, neglect, misuse, unauthorized modification or interference with the Application, to the extent permissible under applicable law.
b) The user will restrain from capturing, downloading, saving, uploading, modifying, printing, or otherwise retaining information and content available on the Application, other than for the purposes of using the educational tools available on the Application.
c) The user will ensure that no sponsor content or confidential information is downloaded, modified, uploaded or otherwise disseminated without the express authorization of the sponsor.
d) The Application is configured to solely support the user in managing the relevant clinical study on behalf of the sponsor. You are hereby notified that we monitor the Application to ensure that it is being used correctly and for purposes of the relevant clinical study only. You expressly agree to ensure that access to your device is password protected; and to refrain from doing, either personally or through an agent, any of the following:
i) Permitting or providing others with access to the Application using your username and password or otherwise, or the name and password of another authorized user;
ii) Copying, modifying, reverse engineering, disassembling, re-distributing, re-publishing, altering, creating derivative works from, assigning, licensing, transferring or adapting any of the software, information, including study-specific information captured via the Application, text, graphics, source code or HTML code, or other content available on the Application;
iii) Removing or modifying any copyright, trademark, legal notices, or other proprietary notations from the content available on the Application;
iv) Transferring the Application content to another person; “frame”, mirror”, “in-line link”, or employing similar navigational technology to the Application content;
v) Violating or attempting to violate our security mechanisms, including but not limited to the accessing of any data or server that you are not authorized to access or otherwise breaching the security of the Application or corrupting the Application in any way;
vi) Engaging in any other conduct which violates the Copyright and Related Rights Act 2000, as amended or other applicable laws, rules, and regulations;
vii) Using Application to violate a third party’s intellectual property, personality, publicity or confidentiality rights, uploading, downloading, displaying, publishing, performing, creating derivative works from, transmitting, modifying, reproducing, or otherwise distributing information or content in violation of a third party’s intellectual property rights;
viii)Misrepresenting your identity or personal information when accessing the Application;
ix) Advertising or otherwise soliciting funds, goods or services on the Application; or
x) Providing any commercial hosting service with access to the Application and/or the content on the Application. (Together “Prohibited Conduct”).
e) To ensure that users of the Application do not engage in Prohibited Conduct, we reserve the right to monitor the use of the Application and to revoke or deny access to the Application for any person or entity whose use of the Application suggests Prohibited Conduct.
f) Access of the materials available at the Application beyond that of normal patterns of use that suggests systematic copying of the Application materials constitutes an abuse of the Application and will result in revocation or denial of access to the Application. The terms “normal patterns” and “abuse” shall be determined solely by us.
3) Disclaimer and Exclusion of Liability
a) We have provided the information on the Application in good faith. Although we have made all reasonable efforts to ensure that all of the information presented on the Application is accurate at the time of inclusion, we do not represent or warrant that this is the case and it should not be relied upon as such. We reserve the right, in our sole discretion, to change, modify, or discontinue any aspect or feature of this Application in whole or in part, including and without limitation the content, availability, access and/or the Terms of this Application.
b) Access to and use of this Application is done at your own risk and we do not represent or warrant that the use of this Application or any material downloaded from it will not cause damage to property, including but not limited to the loss of the Application. We shall not, in any circumstances, be liable for any loss of profits, data, business, revenue, goodwill or anticipated savings, interruption of business, or for any direct, special, indirect, consequential, or economic loss, howsoever caused, arising out of or in connection with the access, use, or performance of the Application to the maximum extent permissible by applicable law.
c) While reasonable care has been taken in the preparation of the contents of this Application, this Application and all of its contents are provided on an “as is” basis. We do not warrant accuracy, completeness, or usefulness of any information contained in this Application. All warranties (whether Statutory or implied) are hereby expressly excluded to the fullest extent permitted by law, including fitness for purpose, satisfactory quality, and timely delivery.
d) We do not make any representation or give any warranty or undertaking that the functions of the Application will meet your requirements. In no event shall we be liable for any damages whatsoever arising out of the installation or use of any third party software used to view the Application. You assume responsibility for using the Application and related content to achieve your intended results for the use of, and results obtained from, the Application. You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment, and internet service necessary for the use of the Application.
e) The Application may hold links to external websites. When you click on one of these links, a pop up notification will appear as follows “By clicking on this link you are navigating to an external website that is not provided or endorsed by Teckro. We are not responsible for the external website’s content, such external websites may have their own legal terms and conditions and privacy policies that may apply to you. Teckro holds no responsibility whatsoever for any of the content, material, practices, security measures or data privacy measures with the external site that you are about to navigate to. To that end Teckro is not responsible for any loss or damage, of any kind, that may arise in connection with, or as a result of, your use of the external site in question and you agree that we have no liability or responsibility arising from your use of the external site.
4) Copyrights and Trademarks
a) We own and operate this Application and unless stated otherwise, all information and rights belong to us or our licensors and are protected by copyright, trademark or other intellectual property laws. We reserve all intellectual property rights in this Application.
b) Reproduction of part or all of the content of the pages of this Application, except to the extent necessary for the reasonable use of the Application, in any form is prohibited.
c) No part of this Application may be reproduced on, transmitted to, or stored in any device or other form of electronic retrieval system, except to the extent necessary for the reasonable use of the Application.
5) General Access to the Application
a) We will use commercially reasonable efforts to provide uninterrupted access to the Application. However, you may occasionally be unable to access the Application due to conditions beyond our control. Such conditions include but are not limited to force majeure, acts of God, power outages, and the acts of computer hackers or others acting outside the law. Also access may occasionally be unavailable due to software issues, server downtime, increased internet traffic or downtime, programming errors, regular maintenance of the system, or other related reasons.
b) In response to any unavailability of the Application, we will use commercially reasonable steps to ensure that access is restored within a reasonable period of time. The term “commercially reasonable” means reasonable efforts taken in good faith without an unduly or burdensome expenditure of time, resources, personnel, or money. If the Application is unavailable for an extended period of time, Teckro will notify users.
6) Fair Use When Operating and Using This Application and Services
Where, in our sole opinion, we believe that there has been any unreasonable usage, suspicious activity, transfer or sharing of usernames or passwords, unauthorised access to information on the Application, or any other breach of these terms, we will investigate the matter and our investigation may lead to suspension and de-activation of any registered account. We reserve the right to immediately withdraw service in order to protect the integrity, ongoing operation, and normal delivery of the Application.
7) Amendments to Terms and Conditions
We reserve the right to change these terms at any time. It is your responsibility to review the Application Terms on a regular basis to ensure that you are aware of the latest Terms. If you use this Application after changes have been posted, it will be deemed that you have accepted the amended Terms.
If provision of these Terms is or becomes illegal, invalid, or unenforceable, that shall not affect the legality, validity or enforceability, or any other provision of these Terms.
9) No Waiver
If we fail to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Teckro is established in Ireland in accordance with the laws of Ireland and these Terms and your use of the Application will be exclusively governed by the laws of Ireland. If any claim or dispute from your use of the Application or any of the information on the Application, including as to the validity of these Terms, you agree that the Irish Courts will have exclusive jurisdiction over all such claims or disputes.