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VIRTUS Clinical Development Systems
(Pty) Ltd registration number: 2002/012462/07 (referred to as “The Company” in
this agreement)
And any User of the Website for any reason or purposeSECTION 11 OF THE ELECTRONIC COMMUNICATIONS
AND CONDITIONS ACT 25 OF 2002 (referred to as “The Act” in
this agreement) provides that the Terms and Conditions set out
hereunder, together
with any terms and conditions referred to below or associated
to this agreement by hyperlink shall bind the User of the Website
and the consent of the User to the terms is automatic and arises
by use of the website.
- "Advanced Electronic Signature” means
an electronic signature arising from a process accredited in
terms of the
Act;
- “Data” means electronic representations of
information in any form;
- “Electronic Intermediary” means a person
who, on behalf of another person, sends, receives or stores
a particular
data message or provides other services with respect to that
data message;
- “Personal information” shall have the meaning
assigned to it in the Act;
- “The Website” shall mean the Website owned
by VIRTUS Clinical Development (Pty) Ltd and located at:
http://www.virtusclin.com and any page additional thereto;
- “User” means any person entering or making
use of the website for any reason;
- Any reference to a person in this agreement shall include
a juristic or legal person as well as a natural person;
- Any references to the singular shall include the plural
and reference to one gender shall include the other;
- Hyperlinks in this agreement referring to additional
terms or conditions shall be deemed to be operational
and the additional
terms and conditions shall be read as included, even
if at any specific point in time the relevant hyperlink
was
not
in fact
operational;
- The company is VIRTUS
Clinical Development (Pty) Ltd, registration number:
2002/012462/07, a private company
with limited liability
in terms of the company laws of South Africa, duly registered
and incorporated as such.
- The Directors of the company are: Ian Roger
Trythall (Managing);
- The
company’s registered and physical address
is 28 Ingleside Road, Camps Bay, Cape Town, at which
address it
will
accept legal service of documents and notices.
- The company’s website
address is www.virtusclin.com and our email address
is www.rtrythall@virtusclin.com.
- The company is a not a member of any industry regulatory
body.
- The company undertakes to abide by Good Clinical
Practice as defined by the ICH Harmonised Tripartite
Guideline.
- The company conducts the business of a contract
research organization that offers a number of clinical
development
services for local and international companies wishing
to conduct clinical
trials in South Africa. No contractual arrangements for
the rates at which such services are to be provided or
the terms
on which
the work will be performed shall be entered into by means
of this website, nor shall the written terms entered
into be amended
by way of the use of the website.
- The rates and prices for services
rendered are as agreed in writing by the User in the
User’s contract
of service with the company, which shall be in writing
and signed by
both parties and not entered into or varied by means
of data messages.
- The company’s terms of
payment are as agreed in writing between it and its
clients and payment becomes
due
in terms of
milestones agreed in the contractual terms between the
parties.
- The company does not have standard terms and conditions
for the provision of services as the nature of the services
rendered are not such as are amenable to standardization.
No agreements
between the company and a client will be or may be entered
into by means of this website.
- The company does not subscribe to any alternative
dispute resolution procedure.
- Payment to the company cannot be effected by
way of use of the website, nor does the company offer
online
banking facilities
and payment shall be as set out in the agreements with
each client.
- No personal information shall be collected by
the company, save for the medical information necessary
for
the running
of the trials, which information shall not be disclosed
other than
as required by law. Detailed information concerning
the information collected on each patient in the trial
and
the use and disclosure
thereof is and shall be given to each patient individually
and in detail in accordance with Clinical Best Practice
as described
in 2.6 above.
- The services rendered by the
company are provided within a specific period; by reason
of their nature cannot
be returned
and the services began to be rendered by the company with
the User’s consent before the end of the 7-day period
referred to in Section 44(1) of the Act.
- Access to services shall be limited to those Users who
have entered into a written and signed agreement with the
company, which contract shall not have been entered into by
means of
the
website. The contract shall detail the terms of trade between
the parties in full, including prices of services rendered.
- When an agreement has been entered into and accepted as
detailed
in paragraph 4.1 above, the company shall provide
the User with a password and Username for the use of the
company’s
website, which shall entitle the User to electronically
request services and track the performance of those services
and
make such other use of the website as the terms hereof
allow.
- No User shall be entitled to use any content whatsoever
from the company’s website for a commercial purpose
without the prior written consent of the company.
- No User shall make use of the company website to publish
material that is offensive, defamatory, illegal or unlawful,
nor for the sending or dissemination or unsolicited commercial
communications;
- No User shall cache the website except to make more
efficient the transmission of content from the website
which is updated
information (at least every 48 hours), unmodified, acknowledged
and pursuant to the purpose for which the website was intended.
- No person shall use or attempt to use any device or
program (including web crawlers, robots or web spiders)
to search,
collect or copy any content whatsoever from the company
website without
the prior written consent of the company.
- Any person who
links to pages beyond the home page of the website shall do so
entirely at their own risk and
no liability
howsoever incurred shall arise on the part of the company
for any damages arising from such use.
- The company’s logo’s, letterhead, domain
name, graphic and text designs and other intellectual property
of
the company remains the sole property of the company notwithstanding
its publication on the website and no implied right to
make use
of or copy such material shall arise from this publication
or use.
- Any use without the express written authorisation
by the company of the company’s intellectual property
INCLUDING METATAGS shall be or be deemed to be an infringement
of the company’s
copyright or trade mark and/or passing off as the case
may be and the company shall take legal action to enforce
such
rights
as it may be entitled to exercise.
-
The website contains hyperlinks to websites not controlled
by the company from time to time and unless otherwise expressly
states, such a hyperlink shall not imply any support of
or agreement with the owner or content provider of such
third
party website.
-
The company does not warrant or guarantee the security
of any use of the website, nor does it guarantee that any
information placed on the website cannot be accessed by
any unauthorised
person. The company is under no legal obligation to digitally
encrypt or authenticate any content on the website or any
communication undertaken with a User.
- The company shall and has taken all reasonable measures
in order to secure any data whatsoever entered on or via
the website from misuse by any third party.
- The company does not require any electronic encryption
or authentication to validate any communication between
the User
and the company, beyond the use of the password provided
by the company.
- The performance by the company of any instruction
furnished to it on this website shall entitle the
company to payment
of the agreed amount due in respect of such service.
- An instruction given by means of the website
shall be deemed to be an instruction of the User
or its duly
authorised
representative
if the correct and valid password of the User is
used in furnishing such instruction. It is the
responsibility of
the User to ensure
the security of the password to the site.
- The terms
and conditions of carriage contained on page “……………..” set
out the particulars of the liabilities of the company relating
to the provision of services generally.
- In addition to the above, the company records that
it shall not be liable for any loss, whether direct or
consequential,
arising from its failure to collect or collect timeously,
any specific item or delivery ordered by way of the website.
- The company records that it
shall not incur any liabilities for damages suffered
by a User, whether
direct or consequential,
arising from the User’s inability to access the website,
download any data from the website or otherwise make use
of the website and records that the website may from time
to time be
unavailable due to causes beyond the company’s control.
-
The terms and conditions of use of the website shall constitute
the entire terms and conditions of use hereof and no variation
thereof shall bind the company unless entered into in writing
and signed by a Director of the company.
- No failure to enforce any right
on the part of the company shall be construed as a Waiver
of the company’s
rights in terms of the agreement.
- Any provision of this
agreement that is held to be unenforceable or invalid
for any reason shall be
severable
from the balance
of the terms and conditions set out herein.
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