TERMS & CONDITIONS
Terms and Conditions for the Africa Clinical Research Management, Ltd (ACE Research) Website
The White Court Apartments, Old Airport Road
P.O. Box 3964 – 40100
Tel: +254 796 145 263 / +254 786 690 234
The following terms and conditions (Agreement) that govern your access and use of this website www.aceresearchafrica.com (“Site”) and the content and services offered to you through this Site including the ACE Research Mail Service offered to you through this website our Mobile Application named “ACE Research App”, collectively and hereinafter called “Platform.”
The terms “us”, “we”, and “our” refer to our company Africa Clinical Research Management Limited (ACE Research), the owner of the Platform, and hereinafter called “Our Company”. A “Visitor” is someone who merely browses our Platform. A “Member” is someone who has registered with us to use our Platform. The term “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, design, and data offered through our Platform, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
- Acceptance of Agreement
This Agreement is between you and Our Company.
3.1 In order to access any of the Services you will be required to accept these terms and conditions. You will be deemed to have accepted these terms by:
- Completing our online registration process and confirming that you have read and accepted these terms; or
- Viewing, accessing or using content on the Site which does not require registration.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR PLATFORM CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR PLATFORM IMMEDIATELY AND DO NOT USE THEM.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Our Company and supersedes all other Agreements, representations, warranties, and understandings with respect to our Platform, and the subject matter contained herein. However, for you to use our Platform, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement
unless otherwise stated.
- Privacy Notice
Our Privacy Statement is considered part of this Agreement and is available for you to review by clicking on this link.
Any legal controversy or claim arising from or relating to this Agreement and/or our Platform, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – intellectual property and our Platform, will be settled solely by binding arbitration.
- Choice of Law and Jurisdiction
The construction, validity and performance of these terms and conditions shall be governed in
all respects by the General Data Protection Regulations applicable in Europe and the Laws of Kenya.
- Limited License
Our Company grants you a nonexclusive, nontransferable, revocable license to access and use our Platform strictly in accordance with this Agreement. Your use of our Platform is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Platform may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Platform, and any software provided therein.
- Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Our Company.
Our Intellectual Property
Our Platform may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Platform does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Our Company.
Our Content, as found within our Platform, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Platform does not grant you any ownership rights to our Content.
- Eligibility and Registration for Membership
To use our Platform or access certain Services, you may be required to provide information about yourself (such as identification or contact details). You agree to provide true, accurate, current and complete information when registering for the Services or registering with us to become a Member.
- Your Membership is not transferable or assignable and is void where prohibited.
- Our Platform is intended solely for users who are at least (18 years of age or older.
- Any registration by, use of, or access to our Platform by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions.
- By using our Platform, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement.
- If you are under (18 years of age, you need parental consent before using our Platform.
- Our Company has sole right and discretion to determine whether to accept a Member and may reject a Member’s registration with or without explanation.
- When you complete the registration process, you will receive a password that will allow you to access our Platform. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
- You agree to immediately notify us of any unauthorized use of your password or any other breach of security.
- You agree that our Platform cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
- You agree to use the Services only for purposes that are permitted by (a) these terms and
(b)any applicable jurisdictional-specific law or regulation.
(xi) You specifically agree not to access (or attempt to access) any of the Services through any
automated means (including use of scripts or web crawlers) and shall ensure that you
comply with the instructions set out in any part of the Site.
Xi You agree that you will not engage in any activity that interferes with or disrupts the
Services (or the servers and networks which are connected to the Services).
xii You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for
xiii You agree that you are solely responsible for (and that ACE Research has no responsibility to
you or to any third party for) any breach of your obligations under these terms and for the
consequences (including any loss or damage which ACE Research may suffer) of any such
- Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Platform will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Platform will be correct, accurate, timely, or otherwise reliable. Our Company reserves the right at our sole discretion to change any content, software, and other items used or contained in our Platform at any time without notice.
Our Platform publishes content supplied by third parties, Users, advertisers, merchants, and sponsors. Our Company has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers and Users of our Platform, are those of the respective author(s) and not of Our Company. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and merchants. You agree that use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of merchants will apply to you while on any merchant websites.
- Warranty Disclaimer
Our Company is not responsible or liable in any manner for any Content posted on our Platform, whether posted or caused by Members of our Platform, or by Our Company. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Platform, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Platform. Our Company is not responsible for the online or offline conduct of any User of our Platform.
Our Platform may be temporarily unavailable from time to time for maintenance or other reasons. Our Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
Our Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Platform, including, without limitation, any software provided through our Platform.
Under no circumstances will Our Company be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Platform, or any interactions between Users of our Platform, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Platform by third parties or by any of the equipment or programming associated with or utilized by our Platform.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR PLATFORM ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR PLATFORM MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
Our Company, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR PLATFORM. Our Company CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR PLATFORM, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Our Company DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PLATFORM, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, PLATFORM, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR PLATFORM AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Our Company.
OUR PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR PLATFORM WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability
IN NO EVENT WILL Our Company OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR PLATFORM, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR PLATFORM, EVEN IF Our Company IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Our Company’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
- Member Conduct
Members may post their content through our Platform (Member Content). Members and Visitors understand that by using our Platform, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Our Company is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Our Company will submit all necessary information to relevant authorities.
If any Member Content is reported to Our Company as being offensive or inappropriate,
we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Our Company. If the Member fails to meet such a request,
Our Company has full authority to restrict the Member’s ability to post Member Content or to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable local and international laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Platform to infringe on the intellectual property rights of others in any way. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
15.1 As a Member, you agree not to use our Platform to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Platform
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- In the sole judgment of Our Company is objectionable or restricts or inhibits any other person from using or enjoying our Platform, or which may expose Our Company, our affiliates, or our Users to any harm or liability of any type
15.1.2 Use our Content to:
- Develop competing Platform
- Create compilations or derivative works as defined under United States copyright laws
- Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
- Decompile, disassemble, or reverse engineer our Platform, and any related software
- Use of Information
You grant Our Company a license to use the information and materials you post to our Platform. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Platform, you are granting Our Company, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of Our Company, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Platform, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
- Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
- Linking to Our Platform
You may provide links to our Platform provided that (a) you do not remove or obscure any portion of our Platform by framing or otherwise, (b) your services do not engage in illegal or pornographic activities, and (c) you cease providing links to our Platform immediately upon our request.
- Links to Other Websites
Our Platform may from time to time contain links to third-party websites. Inclusion of links for any website on our Platform does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Our Company has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
- Suspension and Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member. You must delete or destroy any information or content (including all copies) obtained from our Platform. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
21.1 Suspension of the service
We may suspend, or vary your use of the Service or the Site without compensation
for any period during which:
- CE Research is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
- ACE Research reasonably suspects or believes that you are in breach of these terms and conditions;
- Such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
- In order to update or upgrade the contents or functionality of the Service from time to time;
- Upon any detection of abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Service;
- Where you remain inactive for any period of time chosen by us in our reasonable discretion
- or where we believe, in our sole and absolute discretion;
- ACE Research suspends the provision of the Services for its commercial reasons or for any other reason as it may determine in its absolute discretion.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Platform.
- Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
- ACE Research Email Terms & Conditions
By opening any email sent from ACE Research, the recipient is deemed to have read, understood and agreed to be bound by the terms and conditions provided below.
- The information in any email sent from ACE Research including any attachments is confidential and may be legally privileged.
- Emails sent from ACE Research platforms are intended only for the use of the named addressee If you are not the intended recipient please notify the sender and immediately delete the email in question from your system.
- Emails are susceptible to alteration and their integrity cannot be guaranteed. ACE Research does not accept legal responsibility for the contents of any email that is found to have been altered or manipulated.
- The contents and opinions expressed in any email sent from ACE Research platforms are solely those of the author and do not necessarily represent those of ACE Research. ACE Research disclaims any liability to the fullest extent permissible by law for any consequences that may arise from the contents of any email sent from its systems including but not limited to personal opinions, malicious and/or defamatory information and data/codes that may compromise or damage the integrity of the recipient’s information technology systems.
- Unless expressly stated by a duly authorized officer of ACE Research, nothing contained in any email message sent from ACE Research may be construed as being an offer to contract or an acceptance of an offer capable of constituting a contract between ACE Research and any recipient(s) of this email.
- Changes to Our Terms and Conditions
We reserve the right to amend or modify this Terms and Conditions at any time. If we amend this Terms and Conditions, You can access the most current version of the privacy statement from our website. Any amendment or modification to this Terms and Conditions will take effect from the date of notification on the ACE Research website. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Platform after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Platform.
ACE Research Copyright ©2020. This Privacy Notice is protected under copyright laws. The copying, redistribution, use or publication by you, is strictly prohibited.