PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE CARDIOTRIALS WEBSITE. WHEN YOU INDICATE YOUR AGREEMENT TO THESE TERMS ON OUR WEBSITE, THEY WILL FORM A BINDING AGREEMENT BETWEEN US.

1. What’s in these terms?
2. Who we are and how to contact us
3. By using our site you accept these terms
4. User account types
5. There are other terms that may apply to you
6. We may make changes to these terms
7. We may suspend or withdraw our site
8. Our site is only for users in the UK
9. You must keep your account details safe
10. Chief Investigators and Representatives
11. You must provide accurate information
12. Payments
13. How you may use material on our site
14. Do not rely on information on this site
15. We are not responsible for websites we link to
16. User-generated content is not approved by us
17. Our responsibility for loss or damage suffered by you
18. How we may use your personal information
19. Uploading content to our site
20. Acceptable use of our website
21. Interactive Services
22. Content Standards
23. Rights you are giving us to use material you upload
24. We are not responsible for viruses and you must not introduce them
25. Rules about linking to our site
26. We may transfer this agreement to someone else
27. Which country’s laws apply to any disputes?

1. What’s in these terms?

These terms tell you the rules for using our website www.cardiotrials.org (our site).

2. Who we are and how to contact us

www.cardiotrials.org is a site operated by Pumping Marvellous Ventures Ltd (“we”, “us” etc.). We are registered in England and Wales under company number 12790994 and have our registered office at Suite 111, Business First Millennium City Park, Millennium City Road, Ribbleton, Preston, United Kingdom, PR2 5BL.

To contact us, please email contact@cardiotrials.org.

3. By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. You will be required to indicate your agreement to these terms in order to create a user account on our site, at which point these terms will form a binding contract between us. If you do not agree to these terms, you must not use our site.

We recommend that you save a copy of these terms for future reference.

4. User account types

When you create a user account on our site, you will be required to select the type of user account that you wish to create.

In these terms:

• where we refer to a “patient”, this means a user who creates a user account on our site as a patient in order to find, and apply to participate in, clinical trials;
• the term “Trialist” means any user involved in conducting a clinical trial which is registered on our site, including Chief Investigators, Project Managers, Principal Investigators and Researchers; and
• where we refer to a “user”, this means any registered user of our website (including patients, Trialists and other users such as healthcare professionals).
• We no longer need to use the information, but you need it for a legal claim

You must be aged 18 or over in order to create a user account (of any type) on our site.

5. There are other terms that may apply to you

These terms apply to all users of our website.

If you sign up to our website as a Chief Investigator, you will also be required to agree to our Data Transfer Agreement which governs our transfer of patients’ personal data to you (please see clause 18 (How we may use your personal information) below for more information).

In addition to these terms, the following policies apply to your use of our site (please note that these policies are intended to provide you with information; they do not form a contract between us):

• Our Privacy Policy (available at https://cardiotrials.org/privacy-policy) explains how we use and process the personal data that we hold about you; and
• Our Cookie Policy (available at https://cardiotrials.org/cookie-policy) explains how we utilise cookies and similar technologies on our website which may store or read data from your computer or device.

6. We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. We will notify you of any significant changes to these terms on the CardioTrials site or by email at the address you provide when you register your account. These terms were most recently updated on 29 September 2020.

7. We may suspend or withdraw our site

While there are charges for using certain facilities on our website (please see clause 12 (Payments) below for information about the charges payable when registering clinical trials), you may use our website, including creating your user account, free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.

We may update and change our site from time to time to reflect changes to our service and our users’ needs. We may also suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, or any major changes to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

8. Our site is only for users in the UK

Our site is directed to people residing, and organisations established, in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must reside (and, where applicable, your organisation must be established) in the UK if you wish to create a user account as a Chief Investigator. You must not seek to create a Chief Investigator user account if you are not based in the UK, and we reserve the right to terminate any account which does not comply with this clause (or take such other action as we may deem appropriate).

9. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@cardiotrials.org.

10. Chief Investigators and Representatives

If you are a Chief Investigator, you may provide us with personal data about other people, and other information and evidence about organisations, involved in clinical trials. You must ensure that you have all necessary consents and permissions to provide this information to us, and for us to use and hold this information in accordance with our Privacy Policy.

If you create a user account on our website as a representative of another person (including, but not limited to, representatives of patients and healthcare professionals), you may provide us with information about the person you represent (including medical records, where you represent a patient). You must ensure that:

• you have the explicit consent of the person you represent to provide us with any information that you input on the CardioTrials site about them, and for us to use and hold that information in accordance with our Privacy Policy; and
• you have the authority to act as agent for the person you represent, to take actions on the CardioTrials site on that person’s behalf.

We reserve the right to require any representative to provide evidence that they have complied with this clause, and to suspend or terminate any account where we reasonably believe that you have failed to comply with this clause.

11. You must provide accurate information

You must ensure that any information you provide to us in relation to your account on our website is, to the best of your knowledge, accurate and up-to-date. This includes:

• All Users: your name and contact details that you provide to us in order to create your account.
• Patients: information about your medical record that you provide when creating or updating your account.
• Chief Investigators and other Trialists: information that you provide about your business, and any other persons or businesses involved in the clinical trials that you list on our website.

You must keep your account information up-to-date and correct any information you have provided which becomes inaccurate or out-of-date.

12. Payments

If you are a Chief Investigator, you may be required to pay a fee when registering a new clinical trial on our website, depending on the type of organisation funding the trial. Funding organisations are categorised as follows:

• Category 1 – not-for-profit or government funded
• Category 2 – investigator led (private sector funded)
• Category 3 – commercially funded (e.g. medtech, pharma, biotech, life science companies)

Clinical trials funded by Category 1 organisations may be registered on CardioTrials free of charge. You will be given the opportunity to make a donation to help support our platform, but you are not required to do so.

Clinical trials funded by Category 2 or Category 3 organisations will be subject to a fee for each trial site registered. You will have the option to purchase and register further trial sites after completing the clinical trial registration. The fee payable for each trial site will be notified to you on the website prior to completing the registration of the clinical trial.

You will be required to make payment after completing the registration process for your clinical trial and submitting it to us for approval. We will provide you with an invoice, which you must pay within 30 days of the invoice date. After receiving payment, we will review the information that you have provided and notify you of whether your clinical trial has been approved (and, if not, we will notify you of the reasons why it has not been approved).

All invoices must be paid in full to such bank account as we may nominate from time to time (this will be stated on your invoice).

All sums payable are exclusive of value added tax (VAT) unless otherwise stated. Where applicable, VAT will be payable by you in addition to and at the same time as such sums.

Notwithstanding your payment, we reserve the right to withhold our approval of your clinical trial if we reasonably believe that any of the information you have provided to us in relation to that clinical trial is inaccurate or incomplete, and to require you to provide complete and accurate information before we reconsider your clinical trial for approval.

13. How you may use material on our site

This clause applies to any material published on our site, but it does not apply to personal data about patients transferred to a Chief Investigator in relation to a clinical trial (see clause 18 (How we may use your personal information ) below and our Data Transfer Agreement for information about the use of patients’ personal data by Chief Investigators in connection with clinical trials).

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

14. Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

15. We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

16. User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including provided about clinical trials and any information posted on our forums. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us at contact@cardiotrials.org.

17. Our responsibility for loss or damage suffered by you

Whether you use our site as a consumer or as a business

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising in relation to our transfer of patients’ personal data to Chief Investigators conducting clinical trials (and their further use of that data), which are set out in our Data Transfer Agreement.

If you are a business user

If you represent a business, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user

If you are a consumer (including patients), please note that we only provide our site for your domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

18. How we may use your personal information

We are the controller of the personal data that you provide to us through our website, including when you create and update your user account. Our Privacy Policy explains how we use your personal data, and we will only use your information in accordance with that policy.

Where a patient registers interest in a clinical trial listed on our site, we will transfer the patient’s personal data to the Chief Investigator who registers and manages the trial on CardioTrials. This information is provided anonymously at first when the patient registers interest for the trial, with the patients full profile (in identifiable form) being transferred to the Chief Investigator later when the patient’s application to the clinical trial progresses.

We rely on the patient’s consent to transfer any personal data to the Chief Investigator, and the patient will be asked if they wish to give consent at each stage, before any personal data is transferred.

When a patient’s personal data is transferred to the Chief Investigator, the Chief Investigator becomes the controller of that data. The Chief Investigator will determine how and why it uses that data for the purposes of the clinical trial, and takes full responsibility for:

• any transfer of the patient’s personal data by the Chief Investigator to any other person or organisation involved in the clinical trial, including any Trialists that the Chief Investigator registers on the CardioTrials site in respect of that clinical trial; and
• any use of the patient’s personal data by the Chief Investigator and by any Trialists that the Chief Investigator makes that data available to.

Our transfer of patients’ personal data to the Chief Investigators is explained in more detail in our Privacy Policy , and is governed by our Data Transfer Agreement (this is a contract between CardioTrials and the Chief Investigator).

19. Uploading content to our site

Whenever you make use of a feature that allows you to input information or upload content to our site, or to make contact with other users of our site, you must comply with clause 22 (Content Standards).

You warrant that any such information or content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site (except for your personal data) will be considered non-confidential and non-proprietary.

You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties (except for your personal data). The rights you license to us are described in clause 23 (Rights you are giving us to use material you upload).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in clause 22.

20. Acceptable use of our website

You may use our site only for lawful purposes. You may not use our site:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to bully, insult, intimidate or humiliate any person;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in clause 22;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms; and
• not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.

We reserve the right to take such action as we deem appropriate if we consider that you have breached these terms of acceptable use, our content standards set out in clause 22, or any other provision of these Terms of Use. Such action may include:

• immediate, temporary or permanent withdrawal of your right to use our site;
• immediate, temporary or permanent removal of any Contribution uploaded by you to our site (see clause 22 (Content Standards));
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; and
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Terms of Use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

21. Interactive Services

We may from time to time provide interactive services on our site, including, without limitation, messaging facilities and forums.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should any concerns arise.

22. Content Standards

These content standards apply to any and all material which you contribute to our site and which will be available to, or accessible by, other users (Contribution). This includes any material you post on our forums, in the messaging facilities on the site and any information about clinical trials that will be displayed to other users.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our discretion, whether a Contribution breaches the Content Standards.

A Contribution must be accurate (where it states facts), or be genuinely held (where it states opinions), and it must comply with all applicable laws in England and Wales.

A Contribution must not:

• be defamatory, obscene, offensive, hateful, inflammatory or threatening, or be likely to harass, upset, embarrass, alarm or annoy any other person;
• promote or include sexually explicit material or child sexual abuse material;
• bully, insult, intimidate or humiliate;
• promote violence or any illegal content or activity;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person, breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence, or advocate, promote or incite any party to commit, or assist any unlawful or criminal act;
• be likely to deceive any person;
• be in contempt of court;
• impersonate any person or misrepresent your identity or affiliation with any person, or give the impression that the Contribution emanates from CardioTrials, if this is not the case;
• contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
• contain any advertising or promote any services or web links to other sites.

23. Rights you are giving us to use material you upload

When you upload or post content to our site (except for your personal data and other account information), you grant us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service;;
• a worldwide, non-exclusive, royalty-free, transferable licence for other users to use the content in accordance with the functionality of the site.

24. We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

25. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in clause 22.

If you wish to link to or make any use of content on our site other than that set out above, please contact contact@cardiotrials.org.

26. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

27. Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.