NOTICE TO USER: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. BY ACCESSING AND / OR USING ALL OR ANY PORTION OF THE WEBSITE ARTEMIS-A (“THE WEBSITE”) YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE.
WE DRAW YOUR ATTENTION CLAUSES 9 AND 11 BELOW.
YOU ALSO AGREE THAT IT THESE TERMS ARE ENFORCEABLE AS IF THET WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE. IF YOU DO NOT AGREE TO OR WANT TO BE BOUND BY THESE TERMS YOU MUST NOT ACCESS AND / OR USE THE WEBSITE.
If you are using the Website and/or accepting these Terms on behalf of a legal entity, you represent that you are authorised to accept these Terms on behalf of such entity. Further, in order to use the Website, you acknowledge that you are at least 18 years of age.
Every time you use the Website, please check these Terms as the University may have made changes to them since you last used the Website and the version in force each time you use the Website will apply. These Terms were last updated on 01/02/2021
The Website is owned and operated by the Chancellor, Masters, and Scholars of the University of Cambridge acting through the University of Cambridge Department of Psychiatry of Herchel Smith Building for Brain & Mind Sciences, Forvie Site, Robinson Way, Cambridge CB2 0SZ, UK (“the University”). In these Terms “we”, “us” and “our” refers to the University.
In these Terms unless the context otherwise requires the following expressions shall have the following meanings:
“Data” means the data and information a user inputs into the Website for the Purpose;
“Data Protection Legislation” means any applicable law relating to the processing, privacy and use of Personal Data, as applicable to either party under these Terms, including the Data Protection Act 2018, the United Kingdom General Data Protection Regulation (“UK GDPR”), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner;
“Identified Contributors” means MRC Confidence in Concept.
“including”, “include”, “in particular” or “for example” or any similar phrase are intended as illustrative terms and do not limit the generality of the related general words;
“Intellectual Property Rights” means any and all intellectual property rights of any nature anywhere in the world whether registered, registrable or otherwise, including patents, utility models, trademarks, registered designs and domain names, applications for any of the foregoing, trade or business names, goodwill, copyright and rights in the nature of copyright, design rights, rights in databases, moral rights, know-how and any other intellectual property rights which subsist in computer software, computer programs, websites, frameworks, databases, documents, information, techniques, clinical data, business methods, drawings, logos, instruction manuals, including the look and feel of any websites or frameworks, and Intellectual Property shall refer to such materials;
“Personal Data” has the meaning set out in the Data Protection Act 2018;
“Privacy Policy” means the privacy policy as amended from time to time, available at [LINK DETAILS] [Comment: Link TBC]
“Purpose” means the use of the Website to promotional and marketing website for Artemis-A
“Term” means unlimited duration subject to clause 10 (Termination);
“Use or Using” means to access, use, run or otherwise benefit from using the Website during the Term.
2.1. The University of Cambridge Department of Psychiatry, being a part of the University has developed the Website.
2.2. The University has made the Website available to enable users to enquire and to learn about the associated research subject to these Terms and in particular the disclaimer set out in clause 4 below.
2.3. There will be no charge for use of the Website. In the event that you require further explanation or work undertaken in respect of the Purpose, this would be the subject of a charge.
3.1. In order to receive further details from the University regarding the details set out in clause 2.2, a user must input the Data into the Website.
3.2. Users warrant that they have obtained all consents required by applicable law from the owner or licensee of any data, including Personal Data, contained within the Data for that data to be submitted to, stored and/or processed by the Website and the University in relation to the Purpose even if such data is submitted in an anonymised format.
3.3. Users grant the University an irrevocable, royalty-free, sub-licensable, worldwide, unrestricted, perpetual license to use, process and incorporate their Data into the Website in order for the University to fulfil the request for further information about the app and purchasing options; for the monitoring, by the University, of the usage and operation of the Website; to respond to any queries users may have in respect of the Website; to develop and administer the Website; and for the University’s own auditing and regulatory requirements;.
3.4. Users acknowledge and agree that the Website and any content contained therein may not be used for or relied upon for any commercial purposes.
3.5. The University welcomes any feedback users may have on the Website. In the event that a user provides feedback to the University on any aspect of the Website (“Feedback”) they grant the University an irrevocable, royalty-free, sub-licensable, worldwide, unrestricted, perpetual license to use and incorporate such Feedback in relation to the Website and for any and all business, research, development, commercial or other purposes without any obligation to them.
3.6. As a user you agree that you will not: use the Website for any fraudulent or unlawful purpose; participate in any illegal, deceptive, misleading or unethical practices and activities or use the Website in a manner that infringes any third party’s copyrights or other rights, including privacy rights, or in a manner which may be detrimental to the University or the Website; or provide any log-in or authentication details used by you to access the Website to any other person.
3.7. The University is not liable for any loss or damage arising from a user’s failure to comply with any of the foregoing obligations in this clause 3 (User Obligations).
4.1. The results presented in the Website do not comprise, constitute or provide, nor should they be relied upon, as medical advice. They are designed for research use only and are not designed or tested for providing medical advice, assistance or information. This Website is not a substitute for consultation with an appropriately qualified medical professional, and if you are in any doubt when using the Website you should consult a professional. If you are using the Website in the context of obtaining or providing medical care or advice for yourself or for others, you agree to take responsibility at all times for the accuracy and appropriateness of such care or advice and for your use of the Website and to seek professional advice where appropriate (including where there is any risk of personal injury or death to any individual, including yourself).
The Website are provided “as is” and “as available” and users receive no warranties, representations, conditions or commitments of any kind, express or implied, with respect to it or its content, including any implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement or other warranties or conditions implied by statute. There is no warranty or commitment that the Website will be error-free, accurate, reliable or complete or that any errors will be corrected. In no event will the University be responsible for any damages or losses arising from any use of the Website. Past performance is no guarantee of future results so please be aware that results produced one day may not be the same as results produced based on the same data another day. Nothing in the Website is intended to constitute professional advice. The Website has not been approved for use by any regulatory authority. Use of the Website is done at the user’s sole risk.
5.1. The Website is a research tool only. Please see the disclaimers set out in clause 4 (Disclaimers). Any Use of the Website is carried out subject to acceptance of these disclaimers and at the user’s own risk.
5.2. Users may use the website to request further information about the app and purchasing options; must not modify, copy or share the Website unless otherwise agreed in these Terms or agreed in writing by the University.
5.3. The user agrees and acknowledges that the Website is protected by copyright, trademark, database rights and/or other Intellectual Property Rights and laws and that nothing in these Terms assigns or transfers to a user or to any third party any right, title or interest therein except for the right to use the Website (subject to clause 5.2 above) in accordance with these Terms. The University shall have sole and exclusive ownership of all right, title and interest in and to the Website and its content, including all copyright and any other Intellectual Property Rights therein. These Terms grant users a limited license to Use the Website and shall not be construed to convey title to or ownership of the Website, its contents, to any user. All rights in and to the Website, not expressly granted to a user are reserved by the University. Any unauthorised Use of the Website may violate such Intellectual Property Rights and laws and these Terms.
5.4. If users print off, copy, download, distribute or otherwise use any part of the Website in breach of these Terms, their right to Use the Website will cease immediately, and they must destroy any copies of the materials they have made.
5.5. Ownership of all data and information submitted by a user and processed by the Website shall remain with and vest in the user. The user shall be responsible for all data and information they collect, collate and/or process using the Website and shall be responsible for compliance with all and any statutory obligations relating thereto.
5.6. The user shall use the Website only for the Purpose and shall not modify, adapt, disassemble, reverse engineer, translate or otherwise attempt to discover the methodology or formula of the Website, or write or develop any derivative or any other tool or methodology based on the Website or confidential information provided by the University or permit any of these things to happen except as allowed by applicable law.
5.7. Users shall not transfer, assign, distribute, sub-license, sell, lend, provide any commercial or fee paying services to third parties, provide access (including without limitation via a public-access internet site) to the whole or any part of the Website or use it to process the work of any third party.
5.8. Users are required to report promptly any breach or threatened breach of any of these Terms to the University. Failure to disclose details of such a breach is a fundamental breach of these Terms.
6.1. Usersagree and acknowledge that any Personal Data they submit to the Website isaccurate to the best of their knowledge and that any changes in that PersonalData, will be made known to the University at the earliest possibleopportunity. Users also warrant that they have obtained all consents requiredby applicable law from the owner of any such Personal Data for their data to besubmitted to, stored and/or processed by the Website and the University inrelation to these Terms even if such Personal Data is submitted in ananonymised format.
6.2. Each user agrees and acknowledges that they retain full control of and responsibility for their use of the Website.
The Website may from time to time contain resources provided by third parties. Such resources are provided for information and convenience only and the University takes no responsibility for and has no control over the content and maintenance of or privacy compliance by any such resource. Any such resource on the Website does not imply our endorsement, support, or sponsorship of the operator of that Website or owner of that resource nor of the information and/or products which they provide.
8.1. Users shall comply with all instructions and guidelines provided to them in relation to Use of the Website to ensure the effective operation of the Website. The University shall not be liable for any faults, defects, errors or damage or loss to a user if the user fails to comply with all instructions and guidelines provided.
8.2. Whilst steps have been taken by the University to ensure that the Website and the content held on it are secure, the University cannot guarantee that the Website will be free from errors, bugs and viruses, and cannot therefore be held responsible or liable for the effects of the same. Users are responsible for configuring their own information technology, computer programmes and platform to access the Website. Users should use their own virus protection software.
EACH USER AGREES TO INDEMNIFY AND SHALL KEEP INDEMNIFIED IN FULL AND TO HOLD HARMLESS THE UNIVERSITY AND ITS EMPLOYEES, CONTRACTORS AND STUDENTS, AND ANY IDENTIFIED CONTRIBUTORS TO THE WEBSITE, AGAINST ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL LIABILITY, COSTS, ACTIONS, CLAIMS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES OR LOSSES (INCLUDING LEGAL FEES) WHICH ARE AWARDED AGAINST OR INCURRED BY THEM AS A RESULT OF OR IN CONNECTION WITH ANY THIRD PARTY CLAIM OR THREATENED CLAIM ARISING OUT OF OR IN CONNECTION WITH THE USER’S DATA; THEIR USE OF THE WEBSITE; THEIR BREACH OF THESE TERMS OR ANY OTHER ACTIVITIES IN RELATION TO THE WEBSITE.
10.1. The Website is made available free of charge. The University may suspend, withdraw or restrict the availability of all or any part of the Website for business and operational reasons. The University will try to give users reasonable notice of any suspension or withdrawal of the Website. If the University does this, users will be required to destroy and/or return to the University (in its sole discretion), all copies of the Website.
10.2. Any breach of any of the provisions of these Terms may, in the University’s sole discretion, result in the immediate termination of the user’s rights under these Terms either permanently or temporarily at the discretion of the University and may result in legal action being taken against the user.
10.3. If there is no breach of these Terms they may be terminated by the University in its sole discretion and for any reason or no reason at all upon no notice.
10.4. The failure by the University to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.
10.5. The obligations of both parties in clauses 5 (Ownership and Use of the Website), 9 (Indemnity), 13 (Dispute Resolution) and 17 (Governing Law and Jurisdiction) shall survive termination of these Terms for whatever cause.
PLEASE READ THIS CLAUSE CAREFULLY. IT INCLUDES DETAILS OF THE LIMITATION ON OUR LIABILITY.
11.5. THE UNIVERSITY DOES NOT GIVE ANY WARRANTIES OR MAKE ANY REPRESENTATIONS THAT THE WEBSITE OR ANY INFORMATION OR RESULTS CONTAINED IN THEM OR DERIVED FROM THEM WILL BE SUITABLE FOR ANY PURPOSES, NOR DOES IT ACCEPT ANY RESPONSIBILITY FOR ANY LIMITATIONS OR ERRORS, OR ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THESE TERMS, THE CONTENT AND RESULTS CONTAINED IN, OR THE USE OF, THE WEBSITE, OR IN RESPECT OF ANY INFORMATION, DATA OR CONTENT OBTAINED VIA THE WEBSITE EXCEPT THAT WHICH IS UNLAWFUL TO EXCLUDE.
11.6. EXCEPT AS PROVIDED FOR IN CLAUSE [11.8] (LIMITATION OF LIABILITY) BELOW, NEITHER THE UNIVERSITY NOR ITS EMPLOYEES, CONTRACTORS OR STUDENTS, OR ANY IDENTIFIED CONTRIBUTOR, SHALL BE LIABLE FOR ANY DAMAGES OR EXPENSES OF WHATSOEVER NATURE AND HOWSOEVER ARISING (INCLUDING WITHOUT LIMITATION IN CONTRACT, TORT, NEGLIGENCE OR FOR BREACH OF STATUTORY DUTY OR MISREPRESENTATION) EVEN IF FORESEEABLE IN CONNECTION WITH ANY RIGHT OR LICENCE GRANTED OR USE OF THE WEBSITE, OR THEIR CONTENT OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY RELATIONSHIP ESTABLISHED BY THEM.
11.7. IN NO EVENT WILL THE UNIVERSITY ITS EMPLOYEES, CONTRACTORS OR STUDENTS, OR ANY IDENTIFIED CONTRIBUTOR, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL LOSS OR SPECIAL DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, DATA LOSS OR CORRUPTION, BUSINESS DISRUPTION OR COMPUTER FAILURE OR DAMAGE, OR ANTICIPATED SAVINGS. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, IN THE EVENT THAT THE UNIVERSITY ITS EMPLOYEES, CONTRACTORS OR STUDENTS, OR ANY IDENTIFIED CONTRIBUTOR, SHOULD BE FOUND LIABLE, THEN THEIR AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO £100.
11.8. NOTWITHSTANDING THE ABOVE, THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS SHALL NOT APPLY IN RESPECT OF, OR BE DEEMED TO RESTRICT OR EXCLUDE ANY LIABILITY OF THE UNIVERSITY FOR, CLAIMS FOR PERSONAL INJURY OR DEATH TO THE EXTENT ONLY THAT THE SAME ARISES AS A RESULT OF THE NEGLIGENCE OF THE UNIVERSITY, ITS EMPLOYEES, CONTRACTORS OR STUDENTS, OR IN RESPECT OF FRAUD OR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.
11.9. TO THE EXTENT PERMITTED BY LAW, ANY CONDITION OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THESE TERMS, THE WEBSITE, IS EXPRESSLY EXCLUDED.
11.10. SAVE AS STATED IN CLAUSES [11.4 or 11.8] (LIMITATION OF LIABILITY) AND 4 (DISCLAIMERS), ALL PROVISIONS RELATING TO OWNERSHIP, EXCLUSION OF WARRANTY AND LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS.
12.1 The University respects your privacy and the terms of the Privacy Policy govern the Website and apply to your use of the Website. The University does not require or want users to submit any Personal Data as part of the Data to achieve the Purpose. In the event that any Personal Data is submitted by a user as part of the Data, or otherwise, they agree and acknowledge that the University may hold and process such Personal Data in accordance with and for the purposes set out in these Terms. The University will only use any Personal Data collected through use of the Website in the ways set out in our Privacy Policy. In summary, it will only record your user name and contact email for verification and to provide authorised users with access to additional features.
12.1. If users are required to provide their own personal details the same will be collected and will be held securely in accordance with the Data Protection Legislation by the University. The information collected will be used for the Purpose and to enable effective communication with the user pursuant to the Purpose and these terms.
12.2. The University undertakes to take reasonable care of any Data which users may provide to it when accessing the Website. However, it does not warrant and cannot ensure the security of any Data which users may input into the Website and users transmit information to it entirely at their own risk.
12.3. Users agree and acknowledge that the University its employees, contractors, students and any identified contributors, may hold and process any Personal Data submitted by the user for validation and statistical purposes and for the purposes of the administration and management of the Website; or for any other lawful purpose notified to the user by the University and to which the user has consented. For data storage purposes, the University may store electronically the Personal Data collected for these purposes outside the United Kingdom. By submitting any Personal Data the user agrees to this transfer and warrants that they give or have all necessary consents required to submit the Personal Data. The collected Personal Data is managed and stored by the University in accordance with the Data Protection Legislation.
12.4. The University will not pass on user Personal Data to any third party. Please refer to the privacy policy for full details of how the University will use and store any Personal Data submitted to it.
In the event that there is a dispute between a user and the University and they are unable to settle any such dispute by negotiation within twenty-eight (28) days they will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.
The University may transfer its rights and obligations under these Terms to another organisation, but this will not affect your rights or its obligations under these Terms. You may not transfer your rights or obligations under these Terms to another person or organisation without the University’s prior written consent.
These Terms and any other document referred to in them constitute the entire agreement and understanding between a user and the University and supersede all negotiations, understandings or previous agreement between them relating to the subject matter of these Terms.
If any provision of these Terms shall be held to be unlawful, invalid or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be severed from these Terms and rendered ineffective as far as possible without modifying or affecting the legality, validity or enforceability of the remaining provisions of these Terms which will remain in force and effect.
If the University does not insist that you perform any of your obligations under these Terms, or if it does not enforce its rights or remedies against you, or if it delays in doing so, that will not mean that the University has waived its rights against you.
The University reserves the right to amend these Terms from time to time. Such amendments will be notified to you before they take effect.
The University is not responsible for events outside its control. If its provision of the Website is delayed by an event outside its control then it will contact users as soon as possible to let them know. The University will not be liable for delays caused by the event.
Any notice required to be given under these Terms shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post. Any notice from the University to you as a user will be sent to the email address (if appliable) you submitted as part of your use of the Website. Any notice from you to the University should be sent to the University at the address set out at the beginning of these Terms.
A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post.
Save for the Identified Contributors, which may haverights to enforce any provision of these Terms as a third party, these Terms donot give rise to any rights under the Contracts (Rights of Third Parties) Act1999 to enforce any provision of these Terms.
These Terms (including without limitation non-contractual disputes or claims relating to them) shall be governed by and construed in accordance with English law and any such claims or disputes will be subject to the exclusive jurisdiction of the English courts.
In addition to those clauses specifically stated to surviveexpiry or termination of these Terms, the obligations of both parties inclauses [4](Disclaimers), [9](Indemnity), [11](Limitation of Liability), [13] (Dispute Resolution), [21] (Third Party Rights), and[22] (Governing Law andJurisdiction) shall survive termination of these Terms for whatever cause.