General Terms and Conditions of Use
0. Introduction: Matching with Clinical Trials
The purpose of registering on Curewiki is to be matched with potential clinical trials which correspond to the condition of the User as a patient.
Our search engine is using the details of the User profile to match Users with clinical trials. As such, if the User’s condition evolves, Curewiki needs to know to make sure our matching is done using the latest and up to date information.
The General terms and conditions of use of the offered service are detailed hereafter.
1. Definitions and Application
1.1. The administrator and manager of the Services is Curewiki SRL, a Belgian private limited liability company in constitution with registered office in 1301 Bierges, Rue d’Angoussart 79, and registered under Belgian company number BE0786411860 or one of its affiliates or subsidiaries (e.g. SmartSeats Europe Ltd., Seaters Belgium BVBA) (hereinafter, collectively “Curewiki”).
By accessing or using our Website, our mobile applications and any of our services (hereinafter, collectively the “Services”), you agree to be bound by these General Terms and Conditions of Use (the “Agreement”). The “Website” is the Website available at the following link www.curewiki.health and all its other sub-domains.
If you have any question regarding these Terms and Conditions of Use, or the use of the Services, if any problems should occur while using the Services, or for any other reason, Curewiki can be contacted at this email address: firstname.lastname@example.org.
The term “User” (or “you”) refers to any user, registered or not on the Services, who consults the Services and/or its content, downloads and/or uses its files and registers via any form available on the Services, or registers to use the Services.
Curewiki and the User are jointly referred to as “the Parties”.
1.2. By surfing on the Website, by using the mobile application or any of our Services, reading documents, downloading files, consulting and/or using documents and files in any possible way, registering via any form available on the Services, the User formally agrees to comply with these general terms and conditions without any limitation or form of reservation.
These general terms and conditions shall apply to any form of consultation of information, registration or contract between the Parties. Furthermore, these general terms and conditions exclude and supersede any other general terms and conditions.
Curewiki reserves the right to modify these general terms and conditions at any time and without prior notice. These changes will apply immediately to any use of the Services. The User is therefore recommended to refer regularly to the latest version of these terms and conditions, which is permanently available at the following link www.curewiki.health/user-agreement.
2. Access and use of the Services and its content
2.1. The Services provided by Curewiki through its Website or mobile applications, are not available to users under the age of 18 years. By your use of our Services, you represent and warrant that you are at least 18 years of age.
Access to the Service is possible by computers, or mobile, with an updated software version (browser, operating system, etc.). Curewiki does not guarantee any compatibility and shall not be liable in any way if the user cannot consult and/or use all or part of the Website, the mobile application, or its content, for any reason whatsoever. Consequently, it is the User’s responsibility to foresee the necessary equipment and, eventually, human resources to ensure his accessibility to the Services. The User shall take all reasonable and necessary precautions to prevent his equipment or data from being infected by viruses, bugs, trojan horses, or any other malicious computer program of any kind.
2.2. In the context of the User’s access to the Services or its content, the User is expressly forbidden, in any way whatsoever and whatever the technical means used, to:
- attempt to obtain access to parts of the Services that are not made accessible to the general public, i.e. bypass any measures we may use to prevent or restrict access to the Services;
- take any action that, at any time, could compromise the proper functioning of the Services in any way whatsoever and take any action leading to a disruptive effect that impairs the ability of other Users to access the Services;
- upload, post, send, forward, email or communicate in any other way, any material containing computer viruses, or any other code, file or program designed to interrupt, destroy, interfere with, disrupt, or limit the functionality of any software, computer, service, server, network or telecommunications tool, without this list being exhaustive;
- use any (automatic) system whatsoever, such as, without this list being exhaustive, “robots”, “spiders”, “offline readers”, etc., whose purpose is to create: (1) denial of service attacks (such as, without this list being exhaustive, network DoS, Dos applicatives, network DDoS, including DrDOS, or DDoS applicatives); (2) messages whose purpose is to manipulate questions and requests, responses and contest entries, votes, or any interaction with another User of the Services, even when the User reacts to a request made on the Services;
- post, upload, send, forward, email or communicate in any other way, any content that is unlawful, harmful, violent, threatening, harassing, abusive, defamatory, obscene, hateful, racist, any content contrary to the laws in force, or otherwise damaging, threatening the privacy of others;
- post, upload, send, forward, email or communicate in any other way, patent, trademark, trade secret, intellectual property right or other ownership right of third parties;
- attempt to mislead other Users by usurping the name or corporate name of others;
- collect and store personal data relating to other Users;
- refuse to comply with the requirements, procedures, general rules or regulatory provisions applicable to networks connected to the Services;
- copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from the Services without;
- or anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts the Services or Curewiki
2.3. The User may use the Services without creating an account, provided that certain areas and functions of the Services are only accessible to or usable by registered users. In order to be matched with clinical trials however, the User is required to create an account. In such a case, when registering, the User shall provide accurate, up-to-date and complete data and shall ensure that this information is regularly updated. Otherwise, Curewiki shall be entitled to suspend or terminate the User’s account, or to refuse access to all or part of the Services or its content.
The User shall keep his login and password secret and shall not share them with third parties. The User remains solely responsible for the secrecy of his password and for any use that may occur without his knowledge. In case of doubt with regard to the secrecy of the password, it is the User’s responsibility to change its password immediately or to notify Curewiki as soon as possible in writing. The User may not share its account with any other person or access an account that is not the User’s account.
2.4. The User recognizes and accepts that the functionalities offered through the Services might be subject to change. Thus, some of these functionalities might be deleted and others might be added, without the User being able to consider that access to a functionality does not constitute an acquired right. Curewiki will decide whether it is appropriate to include or delete any content presented on the Services.
Curewiki reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of access to the Services without being required to inform Users in advance. This will be the case, for instance, in the event of maintenance of the Services or major changes in its content and/or functionalities. This shall also apply if Curewiki can legitimately believe that the User has violated or acted in contradiction with these general terms and conditions or any other legal provisions in force at the moment of the offense.
3.1. The User has the right to consult the Services and its content for personal purposes only. As such, the User will benefit from a personal license which will grant him the right to use the Services and its content. The personal license is non-assignable and non-transferable. The personal licence can only be use for personal purposes. The duration of the User license is limited to the duration of the User’s access to the Services.
Any commercial use of the Services is strictly prohibited. The term “commercial use” refers, but is not limited to, any sale or rental of the various features of the Services, recordings of all or part of the content available on the Services, or any use of the Services and its components for the sole purpose of generating revenue.
3.2. It is also strictly forbidden for the User, who at the same time will not grant permission to others, to:
- modify, reproduce, copy, borrow or distribute all or part of the Website/mobile application or its content;
- create derivative works based in whole or in part on the elements present on the Website/mobile application;
- reverse the design or assembly or in any other way attempt to find the source code of all or part of the Website/mobile application;
- create a hypertext link to or from the Website/mobile application, without the prior and express consent of Curewiki;
- sublicense or transfer in any way any right with regard to the Website/mobile application and/or its content, including but not limited to any right in relation to the software.
4. Intellectual & Industrial Property
4.1. The concept, content, layout, structure, source codes, programming, images, photos, information, elements of information, logos, graphics, compilation, designs, “look and feel” trademarks, models, slogans, software, applications, animations, audiovisual works, texts, data, database, music, proprietary information, materials and all other elements of the Services and, in general, the content and structure of the Services belong to, are and remain the exclusive property of Curewiki, and are protected by various intellectual and/or industrial property rights, including copyright, trademark law, the sui generis right of the database producer, and all other intellectual property rights under the laws in force, which the User acknowledges and accepts.
By using or consulting the Services, registering, downloading files, or using the content of the Services in any way, the User does not become in any way the owner of any of the rights referred to above or any similar rights. The User acknowledge and agree that it does not acquire any ownership rights.
The User may not download, print, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any of the content, except in the course of using the Services for lawful purposes, and in making single copies of selected pages of the applicable Content for personal, non-commercial use and not for distribution or posting on any other site. The User further agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content.
The storage of any information and/or element of the Services in a (electronic) database is not permitted, with the exception of the automatic collection of information by the browser.
4.2. The User may submit content, including without limitation, data, texts, images, audio and/or any other element (“User Content”). The User retains all rights in and are solely responsible for all such User Content. By submitting User Content, you grant to Curewiki a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and free of charge, right and license to use, reproduce, publicly perform, display, store, or publish in any way, in any medium known now or in the future.
When publishing User Content, the User represents and warrants that the User Content: (a) is owned or controlled by you and that you have all necessary rights to such User Content; (b) does not violate, misappropriate or infringe on the rights of any third party; (c) is accurate, not obscene or defamatory; and (d) will not cause injury to any person or entity. You hereby agree to indemnify Curewiki for any and all claims resulting from such User Content. We have the right but not the obligation to monitor, edit or remove User Content. The User Content is non-confidential, and Curewiki will not be liable for its use or disclosure.
4.3. Curewiki guarantees that the elements present on the Services and made available to the User by Curewiki respect the rights of third parties and are not illegal.
a. User’s liability
5.1. The User shall always be held liable, also with regard to third parties, for the consultation and use of the Services, as well as the downloading of files of any nature, with any technical means whatsoever.
Each user shall be responsible for his registration, as shall be held liable for any abuses or damage that may derive from it. Curewiki cannot be held liable for any improper use of the registration, login and/or password whatsoever.
The User is responsible for all and any activities that occur through the use of its account. The User must immediately notify Curewiki at email@example.com when the User become aware of or suspect any unauthorized use of its account or account information. The User shall remain liable for activity under its account prior to its notification to Curewiki of such unauthorized access and the suspension of its account.
5.2. The Services may contain links to other websites/mobile application over which Curewiki has no technical or content control. The User remains solely responsible for his decision to activate these links. Therefore, Curewiki does not guarantee the accuracy and completeness of the content, the access and the availability of these other websites/mobile application, the external links to which they refer, or the consequences that may result from the consultation and/or use, in any way whatsoever, of these other websites. It is therefore the exclusive prerogative of the User to determine whether it is appropriate to visit these websites.
5.3. When placing a message, or any other form of information, data on the Website/mobile application, the User shall only use information (images, photos) that is compatible with the intellectual and/or industrial rights of third parties (copyright, image rights, etc.), as well as with standards, morality and legal provisions. As such, the User expressly guarantees Curewiki against any complaint or action brought by third parties based on the content that the User has placed on the Website/mobile application.
5.4. The User shall guarantee Curewiki against any claim, in any of the following cases:
- loss of opportunities or income of any kind following the operation or non-operation, use or non-use of the Services, or the content contained therein or intended to be contained therein;
- illegal or unauthorized intrusion by any third party into Curewiki’ web server or website/mobile application;
- introduction of a computer virus into the web server or on the Website/mobile application;
- temporary bandwidth congestion;
- interruption of the Internet connection service for reasons beyond the control of Curewiki.
The User acknowledges, accepts and agrees with:
- the restrictions and risks related to the use of Internet or any other means by which the Services is or will be available;
- the risks of storing and transmitting information electronically or digitally;
- the fact that Curewiki cannot be held liable for any damage caused by the use of the Services (as well as all or part of its content) or the Internet, following the aforementioned risks;
- the fact that the electronic communications exchanged, and the backups made by Curewiki may serve as proof.
5.5. We may take any action that we deem appropriate in our sole discretion for any, actual or suspected, violation of these General Terms and Conditions of Use or applicable law or if we are unable to verify or authenticate the information you provided. These actions may include but are not limited to: temporarily or permanently suspending you from using or accessing our Services or cancelling a matching process.
b. Liability of Curewiki
5.6. Curewiki is bound by an obligation of means. Curewiki makes its best efforts to ensure that the data and documents on the Services are complete, accurate and up to date and that the Services remain accessible, at all times, to a normal number of users. Errors and/or deficiencies and/or outdated data can never be excluded and, therefore, Curewiki does not give any guarantee in this respect.
Curewiki cannot be held liable for any direct or indirect damage related to a modification, suspension or interruption of access to the Services, for any reason whatsoever. Curewiki shall not be held liable for any direct or indirect damage that the User may incur when using the Services, the sites linked to it, and/or the content that has been made available.
Furthermore, Curewiki shall only be held liable for his intentional wrongs or negligence. Curewiki shall not be held liable for the intentional wrongs or negligence committed by its employees, principals and, as a general rule, its executive agents. Curewiki shall not be held liable for contacts and relationships between users of the Services.
Curewiki does not guarantee the compatibility of the files (making part of the Services) with the user’s equipment or the accessibility of these elements.
With regard to messages from third parties, Curewiki shall not be held liable for any damage resulting therefrom, nor for any errors in their content. All texts, data, photos, videos, messages or other materials placed in these messages are the sole responsibility of the User who post them.
5.7. Despite the best efforts of Curewiki to keep the Services free of bugs, viruses, trojan horses and spyware, these incidents cannot be excluded. Curewiki cannot be held liable in any way for any damage and/or loss resulting these incidents, in particular with regard to Users’ data. Users are therefore strongly advised to install the necessary firewalls, anti-virus and other protective software to prevent possible damage to their computers and to be careful when providing personal data.
Advertisements that are placed on the Services are always the responsibility of third parties. Curewiki shall in no event be held liable for the legality, accuracy, offer, content, proper functioning and/or quality of the goods and/or services offered in connection with these advertisements.
Curewiki has not reviewed, and cannot review, all of the material, including any user content made available through Curewiki, or any other services, websites, webpages and applications to which such user content or the Services link to, or that link to the Services or a Fan Group (“Third Party Sites”). Curewiki has no responsibility for or control over such privacy or security practices or any Third-Party Site’s collection, storage, use or disclosure of information from any user.
Curewiki will NEVER sell or provide anyone with User’s identifiable personal information without the User’s express, specific consent. This can only happen, with the User’s express and specific consent, in the case we identify a match with a trial for which the User passed the eligibility criteria. In that case, we inform the User and, after having received your approval for that specific trial, we then, and then only, will put the User into contact with the investigation site or the sponsor of the trial.
To be completely transparent here, when a User registers to Curewiki, the Users is contributing data that Curewiki uses and shares in an aggregated and de-identified manner with research partners working on the treatments and cures of tomorrow. This is another way, apart from participating in the trials themselves, in which the Curewiki community contributes to saving lives.
a. Force majeure
Curewiki shall not be held liable, either on contractual or extra-contractual basis, in the event of temporary or definitive failure to fulfil its obligations where such failure results from force majeure or fortuitous circumstances, or any act of God.
The following events shall be considered as cases of force majeure or fortuitous events: the total or partial loss or destruction of Curewiki’ computer system or database, where any of these events cannot reasonably be attributed directly to Curewiki and it is not demonstrated that Curewiki has failed to take reasonable measures to prevent any of these events; earthquakes; fires; floods; blizzard; epidemics; acts of war or terrorism; strikes, declared or not; lockouts; blockades; labour controversy; insurrections and riots; a shutdown of energy supply (such as electricity); a failure of the Internet network or data storage system; a failure of the telecommunications network; a loss of connectivity to the Internet network or telecommunications network on which the provider depends; a fact or decision of a third party when such decision affects the proper performance of this contract; or any other cause beyond the reasonable control of Curewiki.
The illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of these general conditions, nor the remainder of such article, paragraph or provision, unless there is an obvious contrary intention in the text.
If any part of these general terms and conditions is considered to be completely invalid, Curewiki shall replace it with a provision that comes as close as possible to the economic effect of the provision declared invalid.
The titles used in these terms and conditions are for reference and convenience only. They shall not affect in any way the meaning or scope of the provisions they designate.
d. Modifications of this Agreement
Curewiki reserves the right to modify these general terms and conditions of use at any time and without prior notice. These changes will apply immediately to any use of the Services.
e. Modifications or interruption of the Services
Curewiki reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of access to the Services without being required to inform Users in advance. This will be the case, for instance, in the event of maintenance of the Services or major changes in its content and/or functionalities. Curewiki performs regularly scheduled maintenance. While Curewiki does its best to avoid customer impact, the services may be temporarily unavailable during maintenance periods.
Curewiki is in no way affiliated with any pharmaceutical company, Contract Research Organization, biotechnology company or other industry player and is not associated with any hospital or investigation site.
g. Applicable law and competent jurisdiction
This agreement is subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, performance or termination of this agreement, the parties undertake to have recourse to mediation prior to any other method of conflict resolution.
The parties shall therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels – https://www.cfm-fbc.be/fr) by mutual agreement or shall instruct a third party to make the appointment.
Once the mediator has been appointed, the parties shall define between themselves, with the help of the mediator, the modalities for the organisation of the mediation and the duration of the process.
Either party may terminate the mediation at any time without prejudice.
In case of failure of the mediation, only the courts of the judicial district of Walloon Brabant will be competent.
Curewiki SRL, having a registered office at Rue d’Angoussart 79, 1301 Bierges, Belgium