Pharmalancers.com Member Terms and Conditions

These terms and conditions are the contract between you and Pharmalancers Ltd. By becoming a member of https://www.pharmalancers.com, you agree to be bound by them.

These Terms and Conditions are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.

We are Pharmalancers Limited, a company registered in England, company number 13630562. Our registered address is: Ashcombe House, 5 The Crescent, Leatherhead, Surrey KT22 8DY, United Kingdom.

You are: Anyone who becomes a member of Pharmalancers.com for access to the members only section of Our Website.

Please read this agreement carefully. If you do not agree with it, you should not sign up to become a member of  Our Website.

These are the agreed terms

1. Definitions

“Company Account”

a life sciences company or business accepted as a member of Pharmalancers.com.

“Company Administrator”

An employee or representative of a life sciences company or business who has the authorisation to set up the Company Account.

“Company Member”

an employee of a life sciences company, accepted as a member of Pharmalancers.com.

“Consultant Member”

an independent consultant or freelancer accepted as a member of Pharmalancers.com.

“Content”

the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content posted by you.

“Member”

member of Pharmalancers.com, can be a Company Member or a Company Administrator or a Consultant Member.

“Pharmalancers Membership”

membership of Pharmalancers.com and any associated websites.

"Post"

display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

“Services”

all of the services available from Our Website, whether free or charged.

“Our Website”

any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Pharmalancers Limited group of companies. It includes all web pages controlled by us.

2. Our contract

These terms and conditions regulate the business relationship between you and us. By signing up for Pharmalancers Membership, you agree to be bound by them. 

We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve. 

In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website. 

Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we described in Our Website. 

Our contract with you last for as long as you remain a Member of Pharmalancers.com. Your continued use of our Services shall be deemed acceptance by you of the terms current at any given time. 

The contract between us comes into existence only when we write to you to accept your application for membership of Pharmalancers.com. Your application for membership by itself does not constitute Pharmalancers Membership and does not give you any rights to our Services. 

If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms. 

We may change this contract in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.

3. Your account and personal information

When you visit the restricted access sections of Our Website requiring log in with an account name and password, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. 

You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate. 

You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4. Pharmalancers Membership

You may apply to Pharmalancers Membership at any time at Pharmalancers.com or by writing to us. Your application for Pharmalancers Membership will be reviewed by us and you will be notified of acceptance or rejection of your application. 

Applications for Pharmalancers Membership will be in one of two categories: 1) Consultant Members and 2) Company Members. Consultant Members are independent consultants or freelancers who provide specialist services to life sciences companies as sole traders or as employees of companies. Company Members are employees of life sciences companies which require specialist services provided by independent consultants or freelancers.

If you are an independent consultant or a freelancer, you can apply to become a Consultant Member only for yourself. 

Only an authorised employee or representative of a life sciences company can apply for a Company Account. Once the company’s application for membership as a Company Account is accepted, the applying employee or representative becomes the Company Administrator for the Company Account. They can add other employees of the approved company as Company Members without any approval required from us.  

Our decision on acceptance of your application for Pharmalancers Membership will be final and cannot be subject to challenge of any kind. We are under no obligation to provide you an explanation of the reasons for rejection of your application.

Once your application is accepted, you will be invited to complete your details in the members only sections of Our Website. You will be able to avail some of the Services from this time onwards.

Termination of Pharmalancers Membership will be regulated by this contract set out in clause 11 below. 

You may not transfer your Pharmalancers Membership to any other person or business. 

We reserve the right to modify the Pharmalancers Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Pharmalancers Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement.

5. Master Services Contract

The main service that Pharmalancers provides is to match projects posted by Company Members with Consultant Members with the required skills and experiences.

To avail of this service, every Consultant Member and Company Account must enter individually into a separate Master Services Contract with Pharmalancers Limited. This contract will be shared with you after your application for membership has been accepted. The Master Service Contract will be executed separately and in addition to the terms and conditions of this agreement.

You agree that if you do not agree to the separate Master Service Contract, you will have access only to a restricted list of Services of Pharmalancers.com as a Member.

6. Prices

Pharmalancers Membership is as of now free of charge. You may use it subject to your compliance with the terms of this agreement. 

We will charge a service fee on every project that is contracted through Pharmalancers. These service fees will be deducted from the fees payable by Company Accounts to Consultant Members. The service fee is specified in the Master Services Contracts that Members agree with Pharmalancers Limited as per clause 5. 

While currently there are no other fees or charges on our Services, we reserve the right to introduce fees for services in the future. The prices for such services will be described in Our Website.

7. Restrictions on what you may Post to Our Website as a Member

We may, at our discretion, read, assess, review or moderate any Content Posted on Our Website. If we do, we need not to notify you or give you a reason. 

You agree that you will not use or allow anyone else to use Our Website to Post a Content which is or may:

• malicious or defamatory; 

• consist in commercial audio, video or music files;

• obscene, offensive, threatening or violent;

• sexually explicit or pornographic;

• likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

• give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

• solicit passwords or personal information from anyone;

• be used to sell any goods or services or for any other commercial use;

• include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

• link to any of the material specified above, in this paragraph.

• excessive or repeated off-topic messages to any forum or group;

• age-inappropriate communications or Content to anyone under the age of 18.

• include keywords or words repeated, which are irrelevant to the Content Posted.

• include the name, logo or trademark of any organisation other than that of your own.

• inaccurate, false, or misleading information

In connection with the restrictions set out above, we may refuse or edit or remove a Posting which does not comply with these terms.

8. How we handle your Content

Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018. You can view our privacy policy at https://www.pharmalancers.com/privacypolicy .

If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control over who sees it or what anyone does with it. 

Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information. 

Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you. 

You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential. 

Please notify us of any security breach or unauthorised use of your account.

9. Security of Our Website

If you violate Our Website, we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

• modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

• link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

• download any part of Our Website, without our express written consent;

• collect or use any product listings, descriptions, or prices;

• collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

• aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

• share with a third party any login credentials to Our Website.

Despite the above terms, we now grant a licence to you to:

• create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

• you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

10. Disclaimers and limitation of liability

The law differs from one country to another. This paragraph applies so far as the applicable law allows.

All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

We make no representation or warranty that the Services will be:

• useful to you;

• of satisfactory quality;

• fit for a particular purpose;

• available or accessible, without interruption, or without error.

We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.

We shall not be liable to you for any loss or expense which is:

• indirect or consequential loss; or

• economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.

This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999), as well as to us.

If you become aware of any breach of any term of this agreement by any person, please tell us by post or email. 

11. Duration and termination

This agreement shall operate for as long as you remain a member of Pharmalancers.com .

You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement by requesting termination of your Pharmalancers Membership on Our Website. We reserve the right to check the validity of any request to terminate membership.

We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email.

Termination by either party shall have the following effects:

• your right to use the Services immediately ceases;

• we are under no obligation to forward any unread or unsent messages to you or any third party.

In the event of such termination by us, we will within thirty (30) days refund to you any balance of your subscription outstanding for any Service, pro rata with time not elapsed.

There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.

We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

12. Storage of data

We assume no responsibility for the deletion or failure to store or deliver email or other messages.

We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.

You accept that we cannot be liable to you for any such deletion or failure to deliver to you.

13. Interruption to Services

If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.

You acknowledge that the Services may also be interrupted for many reasons beyond our control.

You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

14. Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

• any act, neglect or default of yours in connection with this agreement or your use of the Services;

• your breach of this agreement;

• your failure to comply with any law;

• a contractual claim arising from your use of the Services.

15. Dispute resolution

The following terms apply in the event of a dispute between the parties:

If you are not happy with our services or have any complaint then you must tell us by email message to info@pharmalancers.com or https://www.pharmalancers.com/contact .

If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.

16. Miscellaneous matters

If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

If you are in breach of any term of this agreement, we may:

• terminate your account and refuse access to Our Website;

• remove or edit Content, or cancel any order at our discretion;

• issue a claim in any court.

Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

Any communication to be served on either party by the other shall be delivered by hand or sent by first class post.

It shall be deemed to have been delivered:

• if delivered by hand: on the day of delivery

• if sent by post to the correct address: within 72 hours of posting

This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.

The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

Based on contract template from Net Lawman at https://www.netlawman.co.uk/