eProtocol

Disclaimer

Bellberry Website Terms of Use

Bellberry Limited ACN 109 019 730 (Bellberry, we, our or us) is the owner and operator of the various webpages accessible at www.bellberry.com.au, eprotocol.bellberry.com.au, www.nationalpicf.com.au, www.nationalscientificcommittees.org.au and www.ctiq.com.au (Site).

1. Acceptance of these Terms of Use

Your use of the Site is subject to these Terms of Use and any other terms, conditions, notices or disclaimers displayed on the Site (together, the Terms).

By using the Site, you acknowledge that you have read and understood these Terms as they exist at that time, and you are deemed to accept, and agree to be bound by, the Terms.

Bellberry reserves the right to change or modify the Terms from time to time.  Amendments will be effective immediately upon the publication on the Site of an updated version of the Terms. You should review the Terms each time you use the Site.

2. Registration and restricted access

We may require you to: (i) register with us; (ii) establish an account; and/or (iii) pay fees, in order to access and use some restricted parts of the Site, including the eProtocol gateway (e.g. we charge fees for our study review services).

If you register with us: (i) you must provide accurate and complete information when creating or updating your account; and (ii) you must keep your account login details secure and confidential.

You must not use another user’s account login details or account, or otherwise breach or circumvent any security or authentication measures of or associated with the Site.

You must notify us immediately of any unauthorised use of your account or any other breach of security.  You are responsible for any access to the Site which results from the use of your account login details, even if the access is by another person.

3. Your use

You must not post or transmit to or via the Site any malicious computer code (including virus, worms and Trojan horses) or engage in any other means of cyber-interference in connection with the Site.

You must not use the Site in a way which: (i) tampers with, hinders the operation of, or makes unauthorised modifications to, or otherwise interferes with the working of, the Site; (ii) inhibits any other user from using the Site.

You must not post or transmit to or via the Site any information or material or otherwise use the Site for any activity which: (i) breaches any laws or regulations; (ii) infringes a third party’s rights or privacy; (iii) is threatening, defamatory, obscene, indecent, inflammatory or scandalous (including any material that is pornographic or that could give rise to civil or criminal proceedings); or (iv) is contrary to any relevant standards or codes, including generally accepted community standards;

You must also not permit or enable any person to do any of those things.

4. Personal use

Unless we agree otherwise in writing, commercial use of the Site and content is strictly prohibited, and you are provided with access to the Site only for your personal use.

5. Intellectual Property

Bellberry owns, or is licensed to use, all intellectual property rights in the Site and in the content of the Site (including all underlying source code, text, trade marks, logos, images and graphics), except as expressly set out in these Terms.

We may monitor or review Your Content, but we are not obliged to do so.  We may also alter or remove any of Your Content at any time, including to ensure the operational integrity of the Site.

6. Links to Other Sites

The Site may contain links to other websites (Linked Websites).  Those links are provided for convenience only and may not remain current or be maintained.

While Bellberry takes reasonable care in selecting Linked Websites, those links are not an endorsement, approval or recommendation by us of (i) the owners or operators of those Linked Websites; or (ii) any content, products or services referred to, or contained on, those Linked Websites.

We are not responsible for the use, content (including information, products and services) or privacy practices of any Linked Websites.

7. Privacy Policy

Bellberry respects the privacy of the users of the Site. Any personal information you provide to us when using the Site will be handled by us in accordance with our Privacy Policy.  Please Click Here to view our current Privacy Policy.

8. Security

Bellberry applies a range of security controls to protect the Site from unauthorised access but Bellbery does not warrant, and cannot ensure, the security of your data.

You must take your own precautions to ensure that the process which you employ for accessing and using the Site or any Linked Website does not expose you to malicious computer codes (including virus, worms and Trojan horses) or other means of cyber-interference which may damage your computer system.  For clarity, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Site or any Linked Website.

9. Disclaimers

To the fullest extent possible and subject to any Non-Excludable Guarantees (as described in section 11 below):

  • Bellberry does not warrant the accuracy or completeness of the materials and information on the Site (Bellberry Information);
  • the Site and Bellberry Information are provided to you on an “as is” basis;
  • the Bellberry Information is intended for general information purposes only and should not be used as a substitute for you seeking your own formal professional advice or opinion tailored for your circumstances;
  • although we use reasonable care and skill in providing the Site, we do not promise that the use of the Site will be continuously available, as intended, or virus or fault free; and
  • Bellberry will have no liability to you in relation to any loss, damage, liability, charges, expenses or costs (including all legal and other professional costs on a full indemnity basis) that you incur arising from or in connection with your use of the Site, Bellberry Information or Linked Website, or the supply of any product or service from the Site, including that relating to loss or damage to your software or hardware, corruption of data, loss of data, loss of opportunity, loss of profit.

10. Our liability

To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and otherwise in respect of goods or services supplied from your use of the Site.

Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee).  However, to the maximum extent permitted by law, Bellberry’s liability for breach of a Non-Excludable Guarantee is limited, at our option, to:

  • in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
  • in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods or of acquiring equivalent goods or having the goods repaired.

11. Indemnity

You indemnify Bellberry against all claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgement, interest, fines and penalties) which Bellberry suffers or incurs directly or indirectly arising out of or in connection with your use of the Site, your use of the Bellberry Information, the provision of Your Content, the use of Your Content by Bellberry in accordance with these Terms, or any breach of these Terms by you.

12. Suspension or termination

Bellberry may suspend or terminate your access to all or any part of the Site, at any time, if, in our reasonable opinion, you are in breach of the Terms. If your access to all or any part of the Site is suspended or terminated, all restrictions on you and all disclaimers, exclusions and limitations of liability set out in these Terms will survive such suspension or termination.

Bellberry also reserves the right to prohibit particular means of access where we determine that your manner of access may interfere with the Site or Bellberry’s operations.

13. Inconsistencies

If there is any inconsistency between these Terms of Use and any other terms, conditions, notices or disclaimers displayed on individual pages of the Site or any additional terms for restricted parts of the Site as contemplated in section 2 above (Other Terms), the Other Terms prevail over the Terms of Use to the extent of the inconsistency.

14. Governing Law

The Terms are governed by the laws in force in the State of South Australia, Australia.  In respect of all matters connected to the Terms, you irrevocably submit to the exclusive jurisdiction of the Courts of that jurisdiction.

15. General

We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.  If we waive any rights available to us under the Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any part of the Terms is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions continue to apply in full force and effect.

16. Contact

If you have any questions about the Terms, please contact Bellberry on +61 8 8361 3222 or by email at bellberry@bellberry.com.au.

17. Last updated

April 2018.