Secure User Agreement
1.Introduction
This license agreement covers those users wishing to register for access to the Secure Area of the website of Genetiq Biosafety Management Ltd (Genetiq® ). This Secure User Agreement supplements the General User Agreement that affects all users who visit this web site and must be read in conjunction with that Agreement. For ease of reading, cross references have been made to the relevant paragraphs of the General User agreement, although the General User Agreement also applies in totality to all users registering for access to the Secure Area.
You should carefully read the terms and conditions of this Secure User Agreement if you wish to register and use the Secure Area of the Website either on a Pay as You Go (PAYG) basis or as part of the annual subscription service. These terms and conditions apply on registration and any future use of the Secure Area web site.
By clicking, the "Accept" button of this agreement and by completing the registration process or, where you have previously registered, by logging on as a Secure User, you are stating that you agree to be bound by all of the terms. If you do not agree and do not wish to be bound by such terms and conditions then click the "Cancel" button.
You may print a paper copy, or save in electronic form, a copy of this license secure user agreement for your records. Alternatively, you can access a copy of this agreement at any time on the web site.
2.Amendments
Genetiq® reserves the right in its sole, absolute and unfettered discretion to amend or update these terms at any time. Such amendments and updates shall take immediate effect upon posting unless otherwise stated in the notice of amendment. By using the Secure Area of this website after Genetiq® has posted notice of amendments or where relevant, after their effective date of implementation, you agree to be bound by the revised terms.
3.Registration
To register with Genetiq® you must confirm that you are able to enter into a financial commitment on behalf of your employing or research organisation. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your details held.
4.Cancellation of registration
Genetiq® may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms. If you violate any of these terms, your permission to use this web site and/or interactive toolkit terminates without the necessity of any notice and/or refund. You are also advised to read Paragarph 7 of the General User Agreement - Security and Breach of Terms.
Pay As You Go Users can cancel this agreement at any time by informing us via email or in writing. If you do so, you must stop using the secure member area of the Genetiq® web site.
Annual subscribers have the right to cancel this agreement within 30 days of registering. You will be refunded any subscription monies that you have paid in advance less any amounts that are owing to Genetiq® at the time of cancellation. Cancellation charges wil be levied to cover administration costs.
The General User agreement and Paragraphs 9, 12, 14, 15, 17 of this Secure User Agreement shall survive the cancellation or suspension.
5. Payment and Prices
The annual subscription service is payable annually in advance by invoice. The annual subscription service provides you with up to 20 biosafety hazard assessments generated by the interactive toolkit each year, subject to your acceptance of and compliance to these terms together with unlimited access to online advice and guidance in relation to biosafety matters and the handling of dangerous pathogens. The annual subscription service is £3,000.
Pay As You Go Users are required to pay via Click&Buy at the point of order for each individual order. The current price of each Biosafety Hazard Assessment report is £250.
Genetiq® provides bespoke training and consultancy services not included in the online service. Prices are available on request.
6. Excluded services
This Secure User agreement covers only those contracts for the provision of on-line services provided by Genetiq® for access to the secure area of the web site. It does not include advisory and consultancy services nor any specific projects that may be commissioned from Genetiq® and which are subject to separate contractual arrangements.
7.VAT
Prices quoted in this Agreement are in sterling and exclusive of VAT rates levied in the UK. Genetiq® is not currently registered for VAT purposes. In the event of any future registration, the VAT registered number will be shown in this agreement.
8.Credit reference checks
Credit reference checks may be undertaken by Genetiq® and are also undertaken in respect of the named Click&Buy account holder as part of their payment process.
9.Trademarks, Copyrights and Restrictions
The whole of this web site (both public and secure areas ) and outputs produced using the interactive toolkit and data held within the interactive toolkit database are owned, controlled, managed and operated by Genetiq Biosafety Management Ltd, Tel No. 0775 246 1108. Copyright ©2006 Genetiq Biosafety Management Ltd. Genetiq® is a UK registered trademark for Genetiq Biosafety Management Ltd.
All output produced or generated through the use of the interactive toolkit available within the secure area of this web site including, but not limited to written hazard assessments, reports and documents (collectively known as “outputs”) is protected by copyrights, trademarks, service marks and /or other intellectual property rights (which are governed by UK, EU, US and world wide copyright laws and treaty provisions, privacy and publicity laws and communications regulations and statutes) and are owned and controlled by Genetiq Biosafety Management Ltd.
The interactive toolkit database and its operating systems available on this web site is protected by copyrights, trademarks, service marks and /or other intellectual property rights (which are governed by UK, EU, US and world wide copyright laws and treaty provisions, privacy and publicity laws and communications regulations and statutes) and are owned and controlled by Genetiq Biosafety Management Ltd.
Output produced using the interactive toolkit and data held within the toolkit database provided on this web site or any web site owned, operated, controlled or licensed by Genetiq® 's affiliated or related entities, associates or partners or providers is solely limited to your own personal or single business use. You may print a copy of the output or save a copy in electronic form (but not on a server or other storage device connected to a network) but you may not modify, copy, display, perform, reproduce, republish, license, create derivative works from, transfer, upload, post, transmit, distribute, sell and/or exploit the output or information in any way (including by email or other electronic means) or any software involved in utilising such output or information for personal or commercial gain without the written prior consent of Genetiq® and/or its affiliated or related entities, associates or partners or providers. You may request consent by email to Genetiq® at info@genetiq.co.uk.
Without the prior written consent of Genetiq® and/or its affiliated or related entities, associates or partners or providers, your modification of the content, output and/or data, use of the content, output and/or data on any other web site or networked computer environment or use of the content, output and/or data for any other purpose other than your own personal or single business use, violates the rights of the owners of Genetiq® and/or its affiliated or related entities, associates or partners or providers, copyrights, trademarks or service marks and other proprietary rights and is strictly prohibited.
10.Transmission and Receipt of Outputs and obtaining duplicate copies
Outputs generated or produced by the interactive toolkit will be displayed via your web browser and can be printed or saved locally. We recommend that you save each report as "html" output. At Genetiq we maintain a report log of each report requested and duplicate copies of an unsaved report can be resent free of charge. Contact report@genetiq.co.uk quoting the gene and vector you selected .
11.Click&Buy
All electronic payments are made via Click&Buy for added security and ease of transaction processing. Pay As You Go users can pay via debit/credit card, bank account or BT phone bill. Click&Buy, an independent company, retain personal and financial details and it is their policy not to disclose information to a third party. Payment for Pay As You Go Services is taken at the point of order.
12.Limitations
You are advised to read Paragraph 6 of the General User Agreement – Limitations.
13.Passwords
When you register to use this web site on a Pay As You Go basis, you will be asked to create a login name and password. Annual subscribers on settlement of your account will be notified of your login name and password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you must notify us immediately.
Unlike other web sites, Genetiq® do not retain password information for added security. In the event of you losing or forgetting your password, you must notify us immediately so that your service can be restored.
If we have reason to believe that there is likely to be a breach of security or misuse of the web site, we may require you to change your password or we may suspend your account in accordance with Paragraph 7 of the General User Agreement - Security and Breach of Terms and Paragraph 4 of this Secure User agreement – cancellation of registration.
14.Limited Warranty and Disclaimer – Use of web site
You are advised to read Paragraph 8 of the General User Agreement – Limited Warranty and Disclaimer – Use of web site.
15.Limited Warranty Disclaimer – Interactive toolkit
Data held within the interactive toolkit is to the best of our knowledge accurate and up to date and standard outputs produced from the interactive toolkit provide high quality advice and guidance as part of a hazard assessment. We must stress that whilst the information is to the best of our knowledge correct at the time, the responsibility remains with your organisation, and in particular the person on whom the statutory duty falls, to satisfy himself of its accuracy and adequacy. The output generated by the interactive toolkit must be developed by your organisation into a risk assessment.
Outputs produced or generated by the interactive toolkit are based on information supplied by yourself. The accuracy of the outputs is therefore dependent on the accuracy of the information provided and it is your responsibility to ensure that this is correct. The interactive toolkit cannot assess the accuracy and/or validity of information and data that are supplied. Consequently, Genetiq® do not accept liability for incorrect and/or out of date information being supplied.
To the full extent allowed by applicable law, you agree that we will not be liable to you and/ or any third party for any consequential or incidental damages (including but not limited to environmental harm, financial loss, loss of technical expertise, personal injury or death) arising from changes to working practices, research observations that have a bearing on safety, methods of operation, organisation, workspace or changes to research techniques or handling arrangements that are made by you following recommendations made by Genetiq® from outputs of the interactive toolkit. Your statutory responsibility to meet health and safety statutory and regulatory requirements and the safe handling of biological agents remains with yourself, your statutory responsibility and duty cannot under any circumstance be transferred to Genetiq®.
16.Availability of the web site and interactive toolkit
In the event of a major web or system failure that persists for longer than 24 hours, requests for outputs from the interactive toolkit may be despatched by courier, post and/or fax.
In the event of a major system, catastrophic or "act of god" failure, Genetiq® may temporarily suspend or withdraw its online service, although orders may still be accepted by telephone or as written requests.
Your attention is also drawn to Paragraph 10 of the General User agreement – Availability of the web site.
17. Miscellaneous
You may not assign, sub license or otherwise transfer any of your rights under this license agreement.
If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these terms that shall remain in full force and effect.
If you breach any terms and Genetiq® ignores this, Genetiq® will still be entitled to use its rights and remedies at a later date or in any other situation where you breach these terms.
Genetiq® does not accept liability for any breach of these terms caused by circumstances that are beyond its control.
A person who is not a party to this license agreement shall have no right under the Contract (Rights of Third parties) Act 1999 to enforce any terms of this license agreement but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.