Terms of Service- Evrima Pty Ltd
Last updated: 9 May 2023

Application

Evrima Technologies Pty Limited (ACN 631 919 698), an Australian corporation (“Evrima”, “we”, “us”, “our”) is the owner, operator and licensor of the website at www.evrima.com.au (“Website”) and the Evrima patient recruitment services, including those available on and through the Website (“Evrima Service”). Your rights to use the Website and engage the Evrima Service (collectively referred to as the “Service”) are set out in these Terms of Service (“TOS”) and in our Privacy Policy at Evrima (“Privacy Policy”).

IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TOS AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICE IN ACCORDANCE WITH THESE TOS.  

Evrima automates the study start-up and patient recruitment processes using predictive technology to reduce inaccuracies, repetitive administrative headaches that study teams, sponsors and patients experience. Ultimately we want to have a direct impact on the overall time it takes for new and improved medicines to become available to those who need them.

Ability to Accept Terms of Service

You must be at least 18 years of age or have authorisation to access the Service offered by Evrima from a parent or guardian. Where a parent or guardian has authorised a person under 18 to use the Service, that parent or guardian is responsible for the User’s conduct and the consequences of any misuse. 

In addition, you affirm that you have not been previously suspended or removed from the Service.

Evrima Service 

These TOS apply to all users using the Service (“User”). Information provided through the Service may contain links to third party websites that are not owned or controlled by Evrima. Evrima has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Evrima will not and cannot censor or edit the content of any third party website. To the maximum extent permitted by law, by using the Service, you expressly acknowledge and agree that Evrima shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party website.

Evrima Access

Subject to your compliance with these TOS, Evrima hereby grants you permission to use the Service, provided that your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service.

Privacy Policy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Website) sets out how we will collect and handle your personal information.

Confidentiality

Evrima will treat Personal Data (as that term is defined below) as confidential and will make every reasonable effort to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:

1. as necessary to perform Evrima’s function as a recruitment service for clinical trials; or
2. to Evrima’s personnel and any service provider that Evrima works with where necessary to operate the Service; or
3. if the relevant person has given Evrima permission to do so; or
4. in accordance with our Privacy Policy; or
5. if required or permitted by law.

As internet transmissions cannot be guaranteed to be entirely secure in all aspects, you acknowledge and agree that your use this Service at your own risk, and you should only proceed to use the Service if you accept this condition.

Jurisdiction

These TOS shall be governed by and construed in accordance with the laws of New South Wales, and the parties submit to the exclusive jurisdiction of the New South Wales courts for any matter arising under or relating to these TOS.

Amendments to these Terms of Service

We may, at any time and at our discretion, vary these TOS by publishing the varied terms on the Website. We recommend you check the Website regularly to ensure you are aware of our current terms. 

Transmission and Posting of Content

You, the User, are solely responsible for your conduct and any:

1. data, text, files, information, images, graphics, photos, links and other content or materials (“Content“); and
2. information relating to an identified or identifiable individual, including names, physical addresses, email address, IP addresses, location data, financial information and related personal information (“Personal Data”)

that you submit or post via the Website or upload to the Platform when using the Evrima Service.

Disruption of and Modifications to the Website

Evrima will take all reasonable steps to ensure that the Website functions as intended. However, you acknowledge that your access to the Website may be disrupted or interrupted as a result of, including, without limitation, malfunction, updating, upgrades, maintenance or repair of the Service or due to failure of telecommunications links and/or equipment or for any other reason within or outside our control.

To the extent permissible at law, Evrima shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Website. Evrima will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Website.

Intellectual Property Rights

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Website or as part of the Service (Our Intellectual Property). 

You may not download, copy or print any of the pages of the Website except for your own personal use provided that you do not remove any copyright notice included in Our Intellectual Property. 

Subject to the above, your use of, and access to, the Website, Service and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these TOS, you must not: 

1. copy or use, in whole or in part, any of Our Intellectual Property; 
2. reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or
3. breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:

1. you do not assert that you are the owner of the Content or Our Intellectual Property;
2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us; 
3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and 
4. you comply with all other terms of these TOS. 

By using the Service, you confirm that any Content and Personal Data you submit or post to the Service will not infringe any other person’s Intellectual Property Rights or any law.

Website Accuracy

The information contained on this Website is given in good faith and Evrima uses all reasonable efforts to ensure that it is accurate. However, Evrima gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.

Prohibited Activities

In addition to the other restrictions outlined in these TOS, you agree that you will not:

1. do anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
2. use the Website to defame, harass, threaten, menace or offend any person;
3. use the Website for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited in these TOS;
4. Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Website, or that could damage, disable, overburden or impair the functioning of the Website in any manner;
5. defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities via the Website or Service.
6. compromise the security of the Website;
7. send any unsolicited or unauthorised advertising, spam, solicitations or promotional materials;
8. use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
9. impersonate any person or entity;
10. buy, sell or otherwise offer in exchange for any compensation, access to Website and Services; and
11. Develop any third party applications that interact with User Content, the Website, Services or any other services without our prior written consent.
    

Other Conditions of Use

In addition to the other terms outlined in these TOS, you agree that you are solely responsible for your interaction with other Users of the Service. You agree that Evrima is not responsible or liable for the conduct of any User. Evrima reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users.

Questions and Comments