These Terms of Service (“Agreement”) govern your use of the online interfaces owned and
controlled by Triomics Healthcare Private Limited (“Triomics”), including the Website (www.triomics.in), and the services available to users through the website including Trials2U and
Your access or use of the Website creates a binding and enforceable legal agreement between You and Triomics and signifies your understanding, acceptance and consent to be bound by the terms and conditions contained in the Website’s Policies. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications may be informed to you in writing. You should revisit this page at regular intervals to determine whether there have been any modifications. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
The Agreement is published in compliance of, and is governed by the provisions of Indian law,including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000,
- the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”), and
: The terms ‘You’ or ‘Your’ refer to you as the user (registered or unregistered) of the Website, irrespective of whether you are a trial investigator, sponsor, patient, doctor, and the terms ‘We’, ‘Us” and ‘Our’ refer to Triomics. Some conditions herein may be applicable only to a certain category of Website users, which may either be expressly stated or can be logically construed.
The Trial 2U connects clinical trial sponsors and suitable investigators and sites. Investigators are required to set up a detailed profile, based on which Triomics shares anonymized details of the investigator with sponsors who are looking for investigators for upcoming trials.
The primary objective of the Service is to facilitate the subject enrolment process for the clinical trial investigators. A database of ongoing and upcoming clinical trials that are actively enrolling subjects is displayed on the Website for doctors and potential subjects to access. The Website also serves as a directory of clinical trials that doctors and patients may refer to for informational purposes. Clinical trial investigators may submit an application to have their trial listed on the Website, to invite expressions of interest from other Doctors (defined below) or patients who are looking to undergo the experimental treatment. Upon receiving expressions of interest, the investigator may contact the patient and evaluate whether they would be a suitable candidate for the trial. Doctors may use the Website to keep abreast the latest developments in their field. The doctor may recommend a trial to their volunteering patient who would be a suitable candidate for the trial (“Recommending Doctor”). Patients may browse the database to educate themselves about the experimental treatments that are available to them, and may submit an expression of interest through the Website so the recruiting doctor can get in touch to evaluate whether the patient would be a suitable candidate for the trial.
Physician and Patient Awareness Service
The Website offers a Physician Awareness Service and a Patient Awareness Service.
As part of the Physician Awareness Services, a Recommending Doctor has the option to
directly send details of the clinical trial as available on the Website to his or her patient so that the patient can evaluate his or her options and approach the Recruiting Doctor to obtain further details as per approved patient information sheet. Alternatively, a Physician may share the details of the interested patient with the investigator through Triomics so the investigator can directly contact the patient to evaluate the options.
NO DOCTOR-PATIENT RELATIONSHIP
Triomics is not involved in the rendering of any medical services or consulting, including but not limited to evaluation of patient’s suitability for a trial, medical advice, diagnosis, or treatment plan. You hereby acknowledge and agree that there is no doctor-patient relationship between Triomics and You. The Services provided by Triomics are only for general informational and educational purposes and does not constitute professional or medical advice, diagnosis, treatment, consultation or healthcare service in any way, and must not be relied upon as such. The information provided on the Website has been submitted by the investigator or trial sponsor at the time of listing, and Triomics is not obligated to verify the information therein. You understand and agree that any interactions and associated issues with the investigator facilitated by the Website or its Services, including but not limited to the non-selection in the trial, adverse outcomes as a result of participation in the trial and medical-service issues, is strictly between you and the Investigator . You shall not hold Triomics responsible for any such interactions and associated issues.
REGISTRATION ON THE WEBSITE
LINKS TO OTHER SITES
The Website may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse these sites or the products and services they provide. You acknowledge and agree that Triomics shall not be responsible or liable for the content or accuracy of third party sites. In particular, we do not accept any liability arising out of any allegation that any third party-owned content (whether published on this, or any other, web site) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third party web site or content.
You may not use contact information provided by our users or listed investigators, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Website immediately and take other legal action if you or anyone using your account violates these provisions.
CONTENT YOU POST OR SUBMIT
You may be given the opportunity to submit feedback regarding your experiences with doctors who are featured on Website, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Website (collectively "Posted Information"). In addition:
- You are solely responsible for any Posted Information that you submit, publish or display on the Website or transmit to other members and/or other users of the Website.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by the Website.
- You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
- You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information.
- By posting Posted Information on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Triomics, its assigns, its contractors, and the users of the Website an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that Triomics shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Information of other Website users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.
You hereby agree that you will not host, display, upload, modify, publish, transmit, update or share any information that —
- belongs to another person and over which you do not have sufficient legal rights;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary right(s)violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Website. Triomics reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Website. You may not post content that:
- is false or intentionally misleading;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- violates the intellectual property or other rights of any person;
- is threatening, obscene, defamatory or libelous; or
- is pornographic or sexually explicit in nature.
YOUR USE OF CONTENT
Except for Posted Information that you or any member of the Website submits, and the information contained in listings, all of the Information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Triomics’ proprietary information. Triomics gives you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Website for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Triomics does not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by Triomics to you are retained by Triomics.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will Triomics or its contractors or agents or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Website or the Services, materials and functions related thereto whether or not Triomics has been warned of the possibility of such damages or could have reasonably foreseen such damages. In no event shall the total aggregate liability of the Protected Entities towards you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions your use of the Website exceed, in the aggregate, Rupees One Thousand (INR 1000) or the amount of payment against Services that has been directly received by Triomics from you in the past three months, whichever is lower.
You hereby agree to indemnify, defend, and hold Triomics, its distributors, agents, contractors representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Website or Services (ii) Your breach of terms, conditions or provisions of this Agreement and (iii) any negligent or intentional wrongdoing on your part
: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
Triomics Healthcare Pvt Ltd
VILLA NO. D-103, PLOT NO. BGH-A, UPSIDC HOUSING SECTOR SURAJPUR Gautam
Buddha Nagar UP 201310 IN
Notice to User
At the email address provided by you at the time of registration on the Website.
Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless
such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
: The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Force Majeure (Act of God)
: Triomics shall not be liable for any downtime or delay or unavailability of the Application caused by circumstances beyond Triomics’ reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
: You may not assign or sub-license, without the prior written consent of Triomics, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
: Even after termination, the provisions of the Agreement with respect to limitation of liability, indemnity, intellectual property, dispute resolution will continue and survive termination.
APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION
This Agreement shall be governed by and be interpreted in accordance with the laws of India
. The competent courts of National Capital Region
shall have jurisdiction to adjudicate and grant urgent interim reliefs to the Parties. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with this Agreement.
If you have any grievances, please write to our Grievance Officer, Mr. Ujwal Nagar
at email@example.com and our officer will attempt to resolve Your issues in a timely manner.