Recepta Clinical Research

Terms and Conditions

These terms and conditions govern your subscription to access and use the information, resources and services we provide through our website at www.receptaclinicalresearch.com (Website) and forms a legally binding agreement between you (you or your) and us, Recepta Clinical Research Pty Ltd ACN 687 199 211 (we, our or us).

Licence

We grant you a revocable, non-exclusive, non-transferable licence to use the Website, and the training courses we offer through our Website, including LearnBites (Our Services) during the period in which you are a subscriber of Our Services. Prior to using Our Services you will be required initially to register with us and set up an account which will enable you to access Our Services by using a username and password (Your Account).

Our Services and the Website

You must use the Website and Our Services for the purpose for which it is intended and not for anything else. Our Services are solely for your personal, non-commercial use. You acknowledge that the purpose of the Website and Our Services is to provide information on the nature of the general services we provide and provide access to an online training course related to clinical trials site operations training for you and others like you who wish to understand how clinical trials actually work from start-up to close-out, and how to successfully manage them at the site level. 

You must not use Our Services to promote, market or sell any products or services similar to or based on Our Services or share with or allow another person to use Our Services without our prior written consent.

You must not attempt to hack, decompile, disassemble, modify, translate, adapt, reverse engineer or create derivative works from any part of Our Services. In using the Website or Our Services you must not transmit or introduce any virus or corrupt files so as to damage or disrupt Our Services.

Your Account

You must be over eighteen (18) years of age to use Our Services, and by using Our Services you warrant that you are at least eighteen (18) years of age.  You must keep Your Account details including your username and password secure at all times and do all such things necessary to prevent another person from using or accessing Your Account details. You are responsible for all activities that are undertaken through Your Account, and you must notify us immediately if there is any unauthorised use of Your Account, or there is any other breach of security of Your Account. 

Fees

You may enrol and access LearnBites and Our Services by entering your payment details on the Website for the relevant course fee. The fee is payable upfront for full access to Our Services and therefore is not refundable, after you have been granted access to Our Services, except as required by law.

The fee is exclusive of any taxes, duties, levies or imposts. You are responsible to pay any such amounts in addition to our fee and must reimburse us if requested by us.

Third party products and services

The Website may contain links to third parties’ and their websites (Third Parties).  The links to Third Parties may result in you purchasing goods and/or services from the Third Parties, or donating funds to Third Parties. Our linking or nominating of such Third Parties does not signify or represent that we endorse or sponsor such Third Parties or any of the goods and/or services that are available for purchase or provided by such Third Parties. You are responsible for conducting your own due diligence in relation to the suitability of the goods and/or services of the Third Parties for your specific needs. To the maximum extent permitted by law, we disclaim all liability in connection with the information contained in linked websites and goods and/or services acquired by you from the Third Parties.

Intellectual property rights

We own all intellectual property rights in our name, logo, trade mark, domain name and Website including but not limited to images, designs, screen formats, source codes, object codes, layouts, file structures and software underlying the Website except any content generated by other users or licensed by third parties to us and any content that is posted by us. We also own all intellectual property rights subsisting in or relating to Our Services.

You will not do or omit to do anything that will infringe our intellectual property rights or those from whom we have licensed including but not limited to reproducing, republishing, adapting, modifying, reverse engineering, decompiling, translating, re-posting, transmitting, re-selling or distributing any content on the Website or materials relating to Our Services.

You agree to do all things and sign all agreements, instruments, transfers and other documents requested by us to give full effect to the provisions of this agreement.

Representations and Warranties

We do not represent or warrant that the Website or Our Services will be available at all times or that they will be free of interruption, errors or omissions.

We exclude all representations, warranties or terms (express or implied) other than those expressly set out in these terms and conditions.

Disclaimer

We are not responsible for your use of Our Services. We disclaim all liability arising out of or in connection with Our Services. We make no representation that Our Services or any information on our Website constitutes advice which can or should be relied on by any person or that you will achieve any particular results. You agree to use Our Services and the Website, entirely at your own risk.

We do not warrant the truth or accuracy, completeness, reliability, suitability or availability of Our Services or the Website.

Limited liability

To the extent permitted by law, our liability for any loss or damage arising in connection with the Services or the Website is limited, at our option, to:

(a) the supply of the Services again; or

(b) the payment of the cost of having the Services supplied again.

Nothing in this clause excludes or limits any rights or remedies you may have under the Australian Consumer Law (including under ss 64 and 64A of the ACL) which cannot be excluded, restricted or modified by agreement.

Release and Indemnity

You release us in relation to any claims you may have against us arising from or in connection with your use of or inability to use our Website and Our Services.

You indemnify us and hold us harmless in relation to any claim made or threatened against us or any direct or indirect loss or damage (including any legal cost and expense on a full indemnity basis) suffered or likely to be suffered by us arising from or in connection with your use of the Our Services and your breach of any of these terms and conditions.

Amendments

We may, by notice, amend these terms and conditions at any time, and any such changes will be posted on this page or sent by email to your last known email address.  Changes will be effective from the date given in our notification, which, where reasonably practicable, should be no less than seven (7) days from the date of our notice to you.  Any such changes will be posted on the Website from the date it is intended to take effect.  Your continued use of the Website and Our Services following the date such amendments take effect will represent an agreement by you to be bound by the terms and conditions as amended.  If you do not agree to any of the proposed changes, you may discontinue use of the Website and Our Services.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of the Website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of Our Services or the Website, other websites, or the internet. We reserve the right to terminate your use of the Service or the Website for violating any of the prohibited uses.

Suspension or Termination

(a) Either party may terminate this Agreement immediately by written notice if the other party:

(i) commits a material breach of this Agreement which is not remedied within 14 days after receiving written notice requiring it to do so;

(ii) becomes insolvent, enters into liquidation, has a receiver or administrator appointed, or is otherwise unable to pay its debts as they fall due; or

(iii) ceases to carry on business.

(b) Recepta may suspend or terminate the Services where required by law, regulation, or applicable professional code, provided it gives the Client written notice of the reason.

(c) The Client may terminate this Agreement at any time on 30 days’ written notice.

(d) Termination will not affect any accrued rights or obligations as at the date of termination.

If we deactivate or terminate your account we reserve the right to block or prevent you from creating a new or further account for Our Services.

We may decommission or transfer our Website at any time without incurring any liability to you or anyone else. We may also terminate any part or all of Our Services at any time without notice to you.

You must not make a claim against us in relation to any deactivation or termination of your account or Our Services or the decommissioning or transfer of Our Website.

You may terminate Your Account at any time by notifying us through the Website. 

Consequences of termination

On termination of Your Account we will revoke your access to Our Services with effect from the effective date.

Privacy

We collect your personal information for the purpose of providing you with Our Services, to communicate with you and to provide you with information about Our Services from time to time.  If you do not provide the requested personal information to us, we may not be able to fully and effectively provide you with Our Services.  Our Privacy Policy, which forms a part of these terms and conditions, contains information about how you can access and correct your personal information, and how to contact us about concerns in relation to your privacy. 

Severability

If any of these terms and conditions is determined by a court of law to be invalid or unenforceable, it will be severed to the extent that it is invalid or unenforceable. Severance of it will not affect the continued operation of the remaining provisions of these terms and conditions.

Waiver

If we do not act in relation to a breach by you of these terms and conditions, it does not waive our right to act with respect to that or subsequent breaches. Any waiver by us must be in writing and signed by us.

Construction

The rule of interpretation which sometimes requires that an agreement be interpreted to the disadvantage of the party which put the agreement forward, does not apply.

Entire agreement

These terms and conditions contain the entire agreement between you and us about its subject matter and supersedes all prior discussions, representations, agreements and understandings between you and us in connection with the subject matter.

Governing Law

These terms and conditions are governed by and is to be interpreted according to the laws in force in New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts in New South Wales, Australia.