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Terms of Use and Privacy Policy

Information Hub Terms and conditions

Last updated on 27 October 2023

Clinical Trials Quebec has developed an Information Hub that includes several Direct Services to Users designed to inform, mobilize and engage them in clinical research in Quebec.
 
ALL ACCESS TO AND USE OF THE INFORMATION HUB (OTHER THAN THE SUPPORT SERVICES, THE TERMS OF USE OF WHICH CAN BE FOUND HERE ) SHALL BE DONE IN ACCORDANCE WITH THESE TERMS OF USE AND THE PRIVACY POLICY. BY ACCESSING AND USING THE INFORMATION HUB, USERS AGREE TO COMPLY WITH THESE DOCUMENTS. IF THESE DOCUMENTS ARE NOT ACCEPTABLE TO USERS, THEY MUST STOP OR REFRAIN FROM ACCESSING AND USING THE INFORMATION HUB.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions.

The terms in uppercase letters used in these Terms of Use shall have the following meaning:

  • Other Sources refer to any other site or source that provides information related to clinical trials or other topics.
  • Information Hub refers to the Clinical Trials Quebec Information Hub, a web platform found at www.clinicaltrialsquebec.com (or subsequently at any other address), including any Direct Service to Users and any Content.
  • Content refers to information, guides, tools and other content available on the Information Hub.
  • Permitted Purposes refers to use of the Information Hub: (i) for informational and non-commercial purposes; (ii) in accordance with the Terms of Use and the Privacy Policy, as well as other terms and conditions that may apply to certain Services available on the Information Hub; and (iii) in order to identify and obtain information related to clinical trials.
  • Intellectual Property means all forms of intellectual property recognized throughout the world and any right (including moral rights), title and interest relating to them and their respective protections, including: (i) any patent, application, continuation, continuation in part, divisional application, reissue and reexamination; (ii) any copyright, work or other subject matter, and any application for registration, registration, , substitution and extension of registration; (iii) the respective trademarks and trade names, respective applications for registration and registration; (iv) any trade secrets and know-how; and (v) any other type of intellectual property right and interest in such a right.
  • Clinical Trials Quebec refers to CATALIS Québec, a non-profit organization created under the Canada Not-for-profit Corporations Act, S.C. 2009, c. 23, also operating under the name “Clinical Trials Quebec” and carrying on this initiative under that name.
  • Services refers to the support service, patient organization directories, the public registry of clinical trials in Quebec, and any other service that may be provided for educational or informational purposes on the Information Hub, including any feature and functionality.
  • User refers to a user, health care professional or potential patient (including their caregivers and/or legal representatives) who would like to obtain information or support relating to clinical trials conducted in Quebec or elsewhere in Canada or the world (in the absence of such clinical trials in Quebec).
1.2 Interpretation .

Unless the context indicates otherwise, grammatical variations of any defined term shall have the same meaning, and the singular shall include the plural and the masculine shall include the feminine (and vice versa).

2. SERVICES AND CONTENT

2.1 General.

Clinical Trials Quebec makes the following available to Users:

2.1.1 Support Service: This Service is intended to assist Users in their search and preliminary identification of clinical trials. The Support Service allows Users to be assisted by Clinical Trials Quebec to conduct targeted searches of clinical trials, and receive alerts (if clinical trials that meet their criteria become available or if the status of certain clinical trials changes). The terms and conditions applicable to this Service are available here.
 
2.1.2 Content. This Content is intended to provide Users with information and tools to namely raise awareness, inform and assist them in their awareness or understanding of certain subjects, or to facilitate exchanges between patients, caregivers and health care professionals.
 
2.1.3 Directory of patient organizations. This directory provides a list of patient organizations so that Users are able to contact them. The contact details and information found in the directory are updated by each organization.

2.2 Consent.

Each User has the option of accessing and using the Information Hub or not. When sensitive or identifiable personal information is required to use a Service (i.e., Support Service, see here ), then express consent will be requested. In other cases, the Users’ implied consent may be sufficient.

2.3 Cost and fees.

The Information Hub is available free of charge. Usage fees charged by a User’s Internet or wireless service provider will apply independently and according to the use that will be made of their electronic devices.

3. PROPERTY

3.1 Services and Content.

Each User acknowledges and agrees:

3.1.1 That Clinical Trials Quebec holds all Intellectual Property rights as well as other rights, titles and interests in relation to: (i) the Information Hub (subject to content obtained from another source); and (ii) any other improvements to the Information Hub that may or may not benefit from separate protection;
 
3.1.2 In the absence of a written agreement to that effect, these Terms of Use do not provide the right to communicate, reference or otherwise use trademarks, trade names, company names, logos, domain names, and any other distinctive sign, symbol or name of Clinical Trials Quebec;
 
3.1.3 That each User can: (i) Reference the Information Hub as long as that reference is accurate and is not intended to harm Clinical Trials Quebec (including the initiative), the Information Hub; and (ii) include a hyperlink to the Information Hub if done according to the Terms of Use (and those applicable to other sources, as the case may be);
 
3.1.4 That it is prohibited to remove, conceal or modify any right marks associated with the Information Hub or the Content (such as “©”);
 
3.1.5 The User shall notify Clinical Trials Quebec if it becomes aware of an infringement of Clinical Trials Quebec’s Intellectual Property rights and, where applicable, shall assist the User (at the latter’s expense) in any action to protect such Intellectual Property or to put an end to any infringement or other breach.

Subject to compliance with the Terms of Use, Clinical Trials Quebec grants each User a non-exclusive, free, revocable and non-transferable right, with no sub-licensing, to access and use the Information Hub. Any access to and use of any Content from any other source shall also be subject to the terms and conditions applicable to that other source.

3.2 Suggestions.

Users acknowledge and agree that any comments, ideas or other suggestions brought to the attention of Clinical Trials Quebec related to the Information Hub shall be the property of Clinical Trials Quebec. As a result, Users shall assign to Clinical Trials Quebec all of their rights, titles and interests, and waive their moral rights in such comments, ideas and other suggestions.

4. REPRESENTATIONS AND WARRANTIES

4.1 General.

Users represent and warrant that:

4.1.1 They will only use the Information Hub for the Permitted Purposes;
 
4.1.2 They will not transfer or reproduce the Information Hub in whole or in part (with the exception of the Content for personal and non-commercial consultation purposes and if it originates from another source, in accordance with the terms and conditions applicable to that other source);
 
4.1.3 They will not access, authorize access to, or assist any person to access the Information Hub through any means (automated or otherwise) other than through a commercial browser (e.g., Chrome, Safari, Internet Explorer and Mozilla Firefox), and will not download any viruses, Trojan horses or other malicious code;
 
4.1.4 They consent to the collection, use and disclosure of certain information in the manner stated in these Terms of Use and the Privacy Policy;
 
4.1.5 They will not: (i) transfer, create derivatives, sell, loan, lease, sub-license or otherwise transfer, in whole or in part, the rights and licences granted by Clinical Trials Quebec; (ii) grant rights to the Information Hub to third parties; (iii) copy, change, disassemble, use reverse engineering or decompilation processes, derive any source code, modify or otherwise extract, by any means whatsoever, any source code; (iv) distribute or make the Information Hub available, in whole or in part, to any person or on any network, platform or other means allowing their use by several devices at the same time; (v) use or operate the Information Hub in such a way as to harm the Services or Clinical Trials Quebec (including the initiative), or for any object other than the Permitted Purposes; (vi) use the Hub, in whole or in part, to harass, or otherwise harm any person; or (vii) attempt to do what is stipulated in (i) to (vi); and
 
4.1.6 Have not previously been prohibited, or otherwise restricted, from accessing and using the Information Hub, notably by Clinical Trials Quebec.

4.2 Essential conditions.

The rights and licences granted to Users shall be based on such representations and warranties, which are an essential condition thereof. If any of these were to no longer be accurate or applicable, then Users must stop accessing and using the Information Hub.

5. RESPONSIBILITY

5.1 Responsibility of Users.

Users shall be responsible for their actions or inactions (including any use of the Information Hub and any failure to comply with the applicable legal and contractual obligations (including those provided in these Terms of Use and the Privacy Policy).

5.2 Responsibility of Clinical Trials Quebec.

Even though the Information Hub was created using marketable technologies, any technology – as well as any other service or method of delivery – is never infallible or fully protected from unpredictable events, cyber attacks (and other illegal acts) or malfunction. In addition, Clinical Trials Quebec reiterates that the Information Hub: (i) Was not created to meet the specific needs of a given User; (ii) is provided for informational purposes and may not be used for any other purposes (including any hyperlinks available on it); (iii) may not be used for self-diagnosis purposes; and (iv) may not be seen as providing recommendations, interpretations and/or medical advice, or as a substitute for advice and/or assistance that can be obtained from professionals. Lastly, Clinical Trials Quebec reiterates that: (a) The Information Hub has been prepared with reasonable efforts to ensure the accuracy of the information contained therein, with the understanding that such an Information Hub, like any other information, may be or become inaccurate or outdated; (b) that any content from another source is reproduced “as is”; and (c) that it should not be seen as endorsing the Contents of the Information Hub.

Accordingly, and to the fullest extent permitted by law, Clinical Trials Quebec: (i) disclaims all representations and warranties, whether explicit or implied, oral or written, in connection with the Information Hub, including those relating to (a) communication, use and relevance for a particular purpose; (b) uninterrupted, continuous and error-free use; (c) the fact that it will be accessible at all times and without delay; and (d) its compliance, other than with the criteria provided for in these Terms of Use; and (ii) stresses that the Information Hub is provided “as is” and “as available.”

To the extent permitted by law and subject to what is stipulated in the Terms of Use, Clinical Trials Quebec: (i) does not make any representations or warranties in connection with the results arising from the use of the Information Hub; and (ii) assumes no liability in connection with: (a) the Information Hub; (b) any damage caused to electronic devices, including repairs and maintenance services; and (c) any other source, including any hyperlinks to third-party sites.

5.3 Essential condition.

Users understand that this Article 5 provides essential conditions for the rights and licences granted to them.

6. DURATION AND END

6.1 Effective date.

These Terms of Use shall apply to all Users as soon as they accept them or as soon as they begin accessing the Information Hub, and shall continue to apply as long as the Users access/use the Information Hub.

6.2 Termination.

Clinical Trials Quebec may terminate access to the Information Hub at any time. Users may also stop accessing and using the Information Hub at any time, at their discretion and without any other formality. Accordingly, Users shall remain bound by any provision which, by its nature, shall continue to apply, including those provided for in Articles 3 (Property), 4 (Representations and Warranties), 5 (Responsibility) and 7 (Miscellaneous Provisions).

6.3 Interruption.

Instead of terminating access to the Information Hub, Clinical Trials Quebec may limit, restrict or interrupt their use or access, if they are defective (until the situation is corrected) or for any reason (for any reasonable period of time).

7. MISCELLANEOUS PROVISIONS

7.1 Complete agreement.

These Terms of Use, together with the Privacy Policy, constitute the complete agreement regarding access to and use of the Information Hub (subject, however, to those that may be applicable to the Content from other sources and the Support Service covered by the documents that can be found here). Users confirm that the Privacy Policy (which has been expressly brought to their attention through various hyperlinks) has been revised and understood.

7.2 Amendments.

Clinical Trials Quebec may amend these Terms of Use from time to time. Such modifications shall be made available by any means deemed acceptable by Clinical Trials Quebec (depending on the nature of the changes that were made). If a User does not agree with these changes, then they must stop accessing and using the Information Hub before the changes take effect; subsequently, any access and use shall constitute acceptance of these changes. The Privacy Policy may also be amended (as provided in the Policy).

7.3 Severability.

If a provision is in conflict with any law or is not subject to enforcement, then it shall be severable from the other provisions and deemed to be rewritten so as to be valid and enforceable while complying, inasmuch as possible, with its initial spirit and scope.

7.4 Hyperlinks to third-party sites.

The Information Hub may include hyperlinks to other sources, including third-party sites. Clinical Trials Quebec recalls that these hyperlinks are included for information purposes only and that it does not endorse or control the content on these hyperlinks. Clinical Trials Quebec assumes no liability in relation to these other sources. Users choose whether or not to consult the hyperlinks, and must review the terms of use and privacy policies applicable to these sites.

7.5 Force majeure.

Clinical Trials Quebec is not liable for any harm resulting from a case of force majeure.

7.6 Non waiver.

A delay or failure on the part of Clinical Trials Quebec to require a User to comply with these Terms of Use shall not affect its right to require such User to comply with them thereafter, and any waiver shall be made in writing and shall not be deemed to be a waiver of compliance with these Terms of Use at any other time or in any other circumstances.

7.7 Notices.

Any notices sent to Clinical Trials Quebec: (i) shall be in writing and sent by registered or certified mail, delivered by hand, or sent by email (with confirmation of transmission); and (ii) shall be received on the day of delivery or on the date indicated on the confirmation (of transmission or delivery) if received on a business day before 5:00 p.m. at the address provided here , failing which such notice shall be deemed to be received on the next business day.

7.8 Applicable laws.

These Terms of Use, as well as all access, use and consultation of the Information Hub, are subject to the applicable laws in Quebec to the exclusion of any principle or rule that may lead to the application of foreign laws. Any dispute that cannot be resolved through direct negotiations in good faith shall be referred to the courts of the Province of Quebec, which will have exclusive jurisdiction to resolve such a dispute.

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