As issued November 2018
These Terms and Conditions relate to the online directory service called The Pharmaceutical Services Directory, which is available through https://www.pharmaservicesdirectory.com and is operated by ActexPharm Ltd, a company registered in Ireland. company registration number 393815. For the purposes of these Terms and Conditions The Pharmaceutical Services Directory will be referred to as the ‘the Directory’. ActexPharm Ltd for the purposes of these terms and conditions in relation to the Directory will be referred to as the ‘company’.
The Directory is an online database of those companies providing business and technical services to the pharmaceutical and health sectors in general. It combines both information on companies including address, contact details but also social media and video links and descriptions of companies and their services. The Directory also provides news and updates supplied from the companies listed in the Directory, this news is provided by the companies and makes up the content provided by each company for the purpose of this directory and is subject to the same Terms and Condition of the Directory.
An individual or user visiting online the Directory is subject to the terms and conditions (“Terms”) set out below. If you do not agree to these Terms, you must terminate your use of the Directory immediately. We also recommend that you print, store or save a copy of these Terms for your records. The terms are a legal agreement between the Company and you, and can only be modified with our written consent.
We reserve the right to change the Terms at our discretion by changing them on the website www.actexpharm.com , and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Site after such changes are posted will be deemed agreement on your part to these Terms, as amended.
Within this document and other legal notices within the Directory, the terms “we, “us” or “our” refer to the Company. The terms “you” or “your” refer to users of the Directory.
2. Levels of Access
3. Accuracy of Information and Disclaimer
While we do our best to ensure that all information on the Directory is accurate, the Directory is provided on an "as is" and “as available” basis and we do not warrant the accuracy, completeness, reliability or timeliness of such information; nor do we warrant that it is fit for any particular purpose. If you find any inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable.
4. Our Liability
- The Company does not represent or warrant that the Directory will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses, worms, trojan horses or other harmful elements. No advice or information obtained by you from the Directory, whether written or oral, will create any warranty or other obligation not expressly stated in these Terms.
- You expressly acknowledge and agree that:
- in no event will the Company, its officers, directors, employees or agents be liable to you in contract, tort (including negligence and breach of statutory duty) or otherwise for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages) resulting from:
- the use or the inability to use the Directory;
- the cost of obtaining substitute goods and/or services resulting from any data, information or service obtained or messages received or transactions entered into through or from the Directory;
- unauthorised access to or alteration of your transmission or data;
- statements or conduct of any third party that uses the Directory; or
- any other matter relating to the Directory.
- Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, in our directory or elsewhere on the Site are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the directory or Website.
- The information within the directory or on the Site is not intended to address your particular requirements. Such information does not constitute any form of legal, tax or investment advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific investment, or other, decisions.
- Copyright and all intellectual property rights in the content of the Directory are either owned by or are licensed to the Company and the content is protected by such rights including, without limitation, by copyright and under trade mark laws. With the exception of any content that you contribute to the Directory, all content within the Directory, including but not limited to designs, text, graphics, pictures, video, information, applications, software, sound and other files and their selection, arrangement and “look and feel” (the “Directory content”) is and shall remain the property of the Company or of those third parties whose content is licensed to the Company. No Directory content may be modified, copied, distributed, downloaded, posted, transmitted, reproduced, framed, republished or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the material held within the Directory (by spidering or otherwise).
- You are granted a limited licence to access and use the Directory and the Directory content and to download and print one copy of any portion of the Directory content to which you have properly gained access solely for personal and non-commercial use.
6. User Contributions
- Any communications including company or contact details, product or service descriptions, quality certifications, news updates or press-releases, video for public release which we receive from you (including without limitation by email and any material that you submit via the Directory) (“User Material”) will be deemed non-confidential. and non-proprietary. You grant us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable licence to use, reproduce, modify, adapt, edit, and publish such User Material on the Site and in any offline publication where we consider this appropriate. If you do not wish to grant such rights to us, please do not submit any User Material to us.
- By submitting any User Material, you:
- warrant that such User Material is your own original work and that you have the right to make it available to us for all the purposes specified above; and
- agree to waive any moral rights in your User Material.
- Any User Material submitted to us is submitted on the basis that we may review and edit such User Material prior to publication. We reserve the right to remove any User Material or part thereof published on the Site at any time and for any reason at our absolute discretion without notification to you.
7. Communications with Other Users
From time to time, we may provide facilities which enable you to communicate with other users of the Directory. If you contact any other user of the Directory, you shall ensure that:
- to the best of your knowledge and belief, any such communication is truthful and accurate in all respects;
- no such communication shall be inappropriate or objectionable; and
- you shall immediately comply with any request from any other user that you stop communicating with them.
When you link into a non-ActexPharm site from this Site, please understand it is independent from us and that we have no control over the content of such independent website. Whilst we believe such sites may be of interest to you, we do not endorse or accept any responsibility for the content or the use of such websites. Links are therefore made at your own risk and we accept no liability for any linked sites. You must also take your own precautions to ensure what is selected for use is free from any viruses, worms, Trojan horses or other items of a destructive nature.
10. Access to the Directory
- You are responsible for making all arrangements necessary for you to have access to the Directory.
- Access to the Directory is permitted on a temporary basis. We reserve the right to terminate your access to the Directory or any part of it or to withdraw any of our services at any time, without notice, for any reason (including without limitation any breach of these Terms). From time to time, we may restrict access to some parts of our Directory, to our entire Directory and/or to users who have registered with us.
- While the Company endeavours to ensure that the Directory is normally available 24 hours a day, the Company shall not be liable if for any reason the Directory is unavailable at any time or for any period.
Any formal legal notices should be sent to us at the address at the end of these Terms by email confirmed by post. Failure by us to enforce a right does not result in waiver of such right.
12. Legal Jurisdiction and Dispute Resolution
Irish law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms (including non-contractual claims or disputes) and for those purposes the parties irrevocably submit all disputes to the exclusive jurisdiction of the Irish courts provided that the Company shall not be prevented from seeking any court order or judgment.
If you have any questions regarding our Terms and Conditions, please contact us for assistance.