General Terms of Use of PHOENIX Pharma for Clinical Trials Solutions
1. Applicability
1.1 The following General Terms of Use (hereinafter referred to as "Terms of Use") of PHOENIX Pharma SE (hereinafter referred to as "PHOENIX"), the operator of the Clinical Trials Solutions, apply to the use of the password-protected area of the Clinical Trials Solutions. By registering to use the Clinical Trials Solutions, the Client recognises these Terms of Use without restriction or reservation. PHOENIX does not recognise any deviating or conflicting terms and conditions. Whoever is using the Clinical Trials Solutions is not authorised to upload or use its own general terms and conditions. The use of the platform or the service is subject exclusively to the general terms and conditions of the provider PHOENIX. Other affiliates of the PHOENIX group may use the portal and also set up their Clients there.
1.2 PHOENIX is authorised to amend the Terms of Use. In this case, the Client will be expressly informed of the changes and must recognise them again. Furthermore, PHOENIX is authorised to impose additional conditions for certain areas of the Clinical Trials Solutions. These shall then apply in addition to these Terms of Use. Only PHOENIX has the right to adapt this Terms of Use.
1.3 The current version of the terms of use can be viewed at any time at hubs.phoenixcts.com/en/terms-of-use.
1.4 Future verbal collateral agreements must be made in writing to be effective unless they are based on an individual contractual agreement. This also applies to the amendment or cancellation of this written form clause.
1.5 Clinical Trial Solutions is the official and only way to conduct clinical trial business with PHOENIX. Clients will use it for all their requests to PHOENIX.
2. Use of the Clinical Trials Solutions
2.1 Clients who have an existing or prospective business relationship with PHOENIX or its affiliated companies are authorised to use the Clinical Trials Solutions and to create Client accounts for their Contacts. There is no legal entitlement to use the Clinical Trials Solutions.
2.2 Access to the Clinical Trials Solutions server is only permitted via an http request using a web browser. It is not permitted to use administrator passwords or to impersonate an administrator when using the website.
2.3 Access to the Clinical Trials Solutions is free of charge.
2.4 When using the Clinical Trials Solutions, the Client undertakes not to overload, attack, change or impair the website or the associated software, hardware and/or server. The Client also undertakes not to hinder or impair the use of the website by others. Furthermore, the Client agrees not to otherwise manipulate information or material on or in connection with the website. Accounts may not be transferred to third parties.
3. Registration
3.1 Registration is required to access the Clinical Trials Portal that is within the Clinical Trials Solutions website.
Before being able to register, Clients need to go through the onboarding process with their responsible contact at PHOENIX or a PHOENIX affiliate. Only employees of PHOENIX or its affiliates can register Clients. For this purpose, the Client must first reach out to our Phoenix Clinical Trial Solutions team via “Contact Us” form ( https://www.phoenixcts.com/en/contact ), so that our team can evaluate the client and the potential for collaboration prior to engaging into account set-up activities. Once Phoenix CTS team sets up the Client with the account, the Client can then log in with their e-mail address, enter the chosen password and use the platform of the Clinical Trials Solutions.
3.2 Each Client can only register once. Each Client may have several Contacts.
Apart from that it is possible to create sister accounts.
3.3 The Client or rather his Contacts are obliged to keep their access data secret and to protect it from access by third parties. The access data may not be made available to third parties for use or passed on to them in any other way. It is also not permitted to use the access data of third parties.
3.4 The Client is solely responsible for the use of his account or all corresponding account activities, including the use of the account by a person who uses the Client's login data with or without authorisation or has access to a computer on which the Client account is located or via which it can be accessed. If there are indications that a third party has gained access to the login data, the Client is obliged to change the login data concerned immediately. Furthermore, in such cases the Client is obliged to inform PHOENIX immediately.
3.5 The Client is obliged to keep the data provided during registration up to date at all times.
4. Intellectual Property
All content presented on the Clinical Trials Solutions, in particular texts, images, photos, graphic representations, musical works and trademarks, and the solution itself are protected by copyright law or other laws for the protection of intellectual property. Except for the contractual use of the Clinical Trials Solutions, these may therefore not be reproduced, distributed, edited, translated or otherwise stored or processed in other media, including in electronic form. The use of automated systems or automated software to extract content from the Clinical Trials Solutions is also prohibited. Any utilisation, in particular the use of texts, parts of texts, sound or image material, requires the prior consent of the respective author or rights administrator.
5. Termination of the Account
5.1 The Client can delete his account at any time without giving reasons and without observing a deadline. As soon as the account is deleted, the Client's personal data that was required for the use of the Clinical Trials Solutions shall be deleted within one month, unless there is an obligation to retain the data due to laws or legal provisions or unless a business relationship continues to exist and the retention of the data is necessary for the purposes of the business relationship.
5.2 PHOENIX is authorised to delete the account of a Client for good cause and thus exclude the Client from further use of the Clinical Trials Solutions. An important reason for deleting the account is given in the following cases in particular:
6. Modification or Cancellation of the Clinical Trials Solutions; Availability
6.1 PHOENIX reserves the right to make changes to the contents of the Clinical Trials Solutions at any time, in particular to discontinue individual contents. PHOENIX also reserves the right to discontinue the Clinical Trials Solutions as a whole.
6.2 PHOENIX endeavours to make the Clinical Trials Solutions available for use with as few interruptions as possible. However, despite all due care, downtimes cannot be ruled out. The Client cannot derive any claims against PHOENIX from an interruption or other disruption.
7. Liability
7.1 The Client and his Contacts undertakes to provide accurate and up-to-date master data and other necessary information. The Client is solely responsible for the accuracy of the information provided. Incorrect or incomplete information may lead to legal consequences and shall be borne by the service provider. The Client is aware that false statements or incomplete information may lead to damages, losses or legal consequences and agrees to indemnify PHOENIX against any liability arising from such false statements. The Client is obliged to inform PHOENIX immediately of any changes to his master data or other relevant information. PHOENIX shall in no case be liable for the accuracy, completeness and timeliness of the data available in the Clinical Trials Solutions.
7.2 PHOENIX's liability for damages shall be excluded in the event of slight negligence on the part of PHOENIX and its vicarious agents. This does not apply in the event of a breach of a material contractual obligation (i.e. an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the Client may regularly rely); in this case, liability is limited to the foreseeable damage typical for the contract. This limitation of liability does not apply to claims under the Product Liability Act or to injury to life, limb or health.
7.3 Otherwise, PHOENIX shall be liable in accordance with the statutory provisions.
8. Order Process and Contracting
The purpose of Clinical Trial Solutions is the management and processing of Client requests. The Client will file his requests via Clinical Trial Solutions. The request will be processed by PHOENIX or its affiliate and if there is mutual interest to conduct the business together, contract negotiations would follow (with prospective clients), or negotiations/clinical trial services provision would follow (for existing clients). How the request processing and Clinical Trial Solutions workflow process look like depends on the nature of each request. If a contract is to be closed it will be done separately through a different process. It is explicitly stated that no contracts are concluded via the Clinical Trial Solutions , but that contracts are concluded via separate processes outside the Clinical Trial Solutions.
9. Data Privacy
9.1 PHOENIX collects, processes and uses Client's personal data for the purposes of using the Clinical Trials Solutions.
In addition, PHOENIX collects, processes and uses a Client's personal data only if the Client has consented, the processing is in connection with a prospective or existing business relationship, or the General Data Protection Regulation, the German Federal Data Protection Act or another legal provision requires or permits this.
9.2 Details on the collection, processing and use of personal data can be found in the privacy policy under hubs.phoenixcts.com/en/privacy-notice
10. place of fulfilment and jurisdiction
The place of fulfilment and jurisdiction is Mannheim. German law applies.
Status: 25.11.2024