Website Terms & Conditions
IMPORTANT LEGAL NOTICE
1. INTRODUCTION AND OUR ROLE
1.1 Analytical Services International Ltd. incorporated and registered in England and Wales with Company No. 2704238 whose registered office is at Aspect House, Grove Business Park, Wantage, Oxfordshire OX12 9FA, UK.
1.2 Analytical Services International Ltd.’s VAT number is GB 523 9707 35.
1.3 You are responsible for making all arrangements necessary for you to have access to the Website and the Portal. You are also responsible for ensuring that all persons who access the Website and the Portal through your Internet connection are authorised to do so and are aware of these Website Terms & Conditions and that they comply with them.
2. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS
2.1 All content included in or made available through the Website and the Portal such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of ASI and is protected by copyright, authors' rights and database right laws.
2.2 You may not extract and/or re-use parts of the content of the Website and the Portal without our express written consent. In particular, you may not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of the Website and the Portal without our express written consent.
2.3 You may also not create and/or publish your own database that features substantial parts of the Website and the Portal without our express written consent.
3. LICENCE AND ACCESS
3.1 Subject to your compliance with these Website Terms & Conditions and your payment of any applicable fees, ASI grants you a limited, non-exclusive, non-transferable, non-sub licensable licence to access and make professional and non-commercial use of Website and the Portal.
3.2 All rights not expressly granted to you in these Website Terms & Conditions or any other Service Terms & Conditions are reserved and retained by ASI.
3.3 No part of the Website and the Portal may be reproduced, duplicated, copied, sold, re-sold, or otherwise exploited for any commercial purpose without our express written consent.
3.4 You may not misuse the Portal and may use the Portal only as permitted by law.
4.1 ASI may revoke, terminate or suspend (at our absolute discretion) your right to use the Website and the Portal without notice to you if ASI believes you have materially breached or do not comply with the terms of these Website Terms & Conditions or any other Terms & Conditions of Service.
4.2 Upon termination or suspension, you must immediately destroy any downloaded or printed extracts from the Website.
5. YOUR ASI LABORATORY PORTAL ACCOUNT
5.1 If you use the Portal you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password.
5.2 You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.
5.3 You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Portal.
5.4 You must not use the Portal: (i) in any way that causes, or is likely to cause, the Portal, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
5.5 We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of any applicable laws, these Website Terms & Conditions or any other applicable terms and conditions, guidelines or policies.
6. ACCESS TO DATA
6.1 Users of the Portal grant ASI a non-exclusive, royalty-free and fully sublicensable and transferable rights to audit de-identified patient data for the purposes of permissible research e.g. to review trends, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. No moral rights are assigned under this provision.
6.2 You agree that the rights you grant above are irrevocable and survive termination of using the Portal.
6.3 You agree to indemnify ASI for all claims brought by a third party against ASI arising out of or in connection with the data that you supply except to the extent that any liability arises from our failure to maintain patient confidentiality.
7. OUR LIABILITY
7.1 We will exercise reasonable best endeavours to ensure that availability of the Portal will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Portal may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
7.2. ASI will not be responsible for (i) patient safety (ii) losses that were not caused by any breach on our part, (iii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iv) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Portal.
7.3. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have results provided within a reasonable time or to receive a refund if services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
7.4 Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
8. APPLICABLE LAW
8.1 The Website Terms & Conditions shall be governed by and construed in accordance with laws of England & Wales. Disputes arising in connection with these Website Terms & Conditions (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the England & Wales courts.
9. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE
9.1 We reserve the right to make changes to the Website, the Portal, Policies, Terms & Conditions including these Website Terms & Conditions, and Service Terms & Conditions at any time. You will be subject to the Website Terms & Conditions in force at the time that you use the Website and/or the Portal. If any of these Website Terms & Conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
9.2 Users accept that these Website Terms & Conditions may be revised and upgraded from time to time and hereby agree to all subsequent revisions, upgrades in perpetuity, following notification by ASI of any revisions and upgrades.
10. ENTIRE AGREEMENT
10.1 The Website Terms & Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
11.1 If you breach these Website Terms & Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Website Terms & Conditions.