1.0 Terms and Conditions and Privacy Policy

These Terms and Conditions together with our Privacy Policy govern your use of the www.MyIBDStudy.com website (the "Site") and your relationship with Neonstone Ltd, the agent acting on behalf of the owner of the Site, namely Gilead Sciences, Inc. ("Company", "we" or "us"). Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree with these Terms and Conditions, you do not have permission to access the contents of the Site and you should cease using the Site immediately.

2.0 Terms and Conditions

Clause 1. Access and Use of the Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or our entire Site, to users.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

The Site is provided to you free of charge for your personal use subject to these Terms and Conditions.

By using the Site you agree to be bound by these Terms and Conditions.

Clause 2. Amendments to the Site

We reserve the right at any time to change these Terms and Conditions by posting changes online. You are responsible for regularly reviewing information posted online to obtain prompt notice of any such changes. Your continued usage of the Site after changes are posted constitutes your acceptance of the revised Terms and Conditions.

We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Clause 3. Intellectual Property

The Company owns or is licensed to use all intellectual property in the content of this Site and reserves the right to pursue any intellectual property infringement in the Courts of the country where we suffer damage. No license is granted to you in these Terms and Conditions to use any trade name or mark of the Company or its affiliated companies. You shall not assert any claim or ownership to any trade names or marks or to the goodwill or reputation of the Company or its affiliated companies. If you are unsure of the legality of your use of the material on this website you should send an email to support@neonstone.com.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

You must not use any part of the materials on our Site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Clause 4. Your Liability

You must ensure that any personal information that you supply to us is correct and complete.

You agree not to use this Site to:

  1. post, transmit or otherwise make available any material that is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, hateful or racially or otherwise objectionable; or
  2. impersonate any person or entity; or
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material posted on the Site; or
  4. post, transmit or otherwise make available any material that you do not have the right to make available under any law or contractual or fiduciary relationships; or
  5. post, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
  6. post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "spam", "junk mail", "chain letters" or any other forms of solicitation; or
  7. post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy of limit the functionality of any computer software or hardware or telecommunications equipment; or
  8. intentionally or unintentionally violate any national or international statute, law, decree, rule and/or regulation; or
  9. "stalk" or harass another person; or
  10. collect or store or post personal data about others who could be directly or indirectly identifiable according to applicable personal data protection laws and regulations.

Clause 5. Our Liability

This Site is provided by us, free of charge, without any warranties or guarantees. We do not accept any liability for the quality of material on the Site, including but not limited to its accuracy, authenticity or correctness.

Furthermore, we do not accept liability for technical problems that you may experience with the Site. All implied warranties are excluded to the maximum extent permitted by law.

We welcome any information regarding inaccuracies or faults on the Site; such information should be e-mailed to support@neonstone.com.

We will attempt to correct any inaccuracies or faults notified to us as soon as we reasonably can. To the fullest extent permitted by law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.

Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury caused by our negligence.

Clause 6. Handling of Material on the Site

We reserve the right to remove any material on the Site at any time.

You acknowledge and agree that we may preserve and disclose material posted by you on this Site if required (a) by law or legal process, (b) to enforce these Terms and Conditions, (c) to respond to claims that such material violates the rights of third parties, (d) to protect our rights and/or property, or rights and/or the property of other users of this Site and the general public.

Clause 7. Termination

You agree that we, in our sole discretion, may terminate your use of this Site, and remove and discard any material you have posted on the Site, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.

You agree that any termination of your access to the Site under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that we may immediately bar any further access to the Site. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to the Site.

Clause 8. Material Submitted or Made Available for Inclusion on the Site

We do not claim ownership of material you submit or make available for inclusion on the Site.

However, with respect to material you submit or make available for inclusion on the Site, you grant us a world-wide, royalty free, non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such material (in whole or in part) and to incorporate such material into other works in any format or medium now known or later developed, subject to our privacy policy.

Clause 9. Indemnity

You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, and employees (collectively, the "Indemnified Parties") harmless from any loss, damage, injury, claim, demand, cost, including reasonable attorneys' fees, or penalty awarded against or incurred or paid by any of the Indemnified Parties due to or arising out of material you submit, post, transmit or otherwise make available on the Site, your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of another.

Clause 10. Links

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms and Conditions.

If you wish to make any use of material on our site other than that set out above, please address your request to support@neonstone.com.

Clause 11. International Use

The company makes no promise that materials on the Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside of the United Kingdom, you do so at your own risk and you are responsible for compliance with all applicable local and international laws. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms and Conditions are governed by English law. The Company makes no promise that materials on the Site are appropriate or available for use in locations outside the United Kingdom.

Clause 12. Miscellaneous

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable, then to the extent that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted. The remaining Terms and Conditions shall survive, remain in full force and effect, and continue to be binding and enforceable. No waiver by the Company of breach of obligation arising under these terms and conditions shall constitute a waiver of any other breach. You may not assign, sub-license or otherwise dispose of your rights under these Terms and Conditions.

A person who is not a party to these Terms and Conditions shall have no rights under the Contract (Rights of Third Parties) Act 1999 or otherwise as a third party to enforce any terms of these Terms and Conditions.

Clause 13: NOT MEDICAL ADVICE

No Services on the Site should be used as a substitute for discussions with or evaluations from qualified health care professionals. Although we seek to facilitate participation by qualified individuals in appropriate clinical research studies, the prospect of such participation should not cause you to forgo needed attention to medical issues. If you feel you have a medical condition, please discuss this with a qualified health care professional.

3.0 Privacy Policy

What This Privacy Policy Covers

The Company is committed to protecting and respecting your privacy. It is very important to us that you should be able to use and enjoy our website without having to compromise your privacy in any way. This privacy policy (together with our Terms and Conditions) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us in line with data protection legislation. Please read on to understand how we use and protect the information that you provide to us.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Neonstone Ltd, Unit 5D, Langley Business Centre, Langley, Slough, Berkshire, SL3 8DS.

Our nominated representative for the purpose of the Act is the Company Secretary.

1. Information collected and its usage

This policy covers how the Company treats Personally Identifiable Information (“personal information”) that the Company collects, receives, maintains, stores or transmits, including information you transmit or submit to our website (the “Site”). Your personal information includes information that individually identifies you or is information about you that can be traced back to you, your IP address, or your location. It may also include, but is not limited to your name, address, employer, email address, phone number, and information about your health and/or other types of protected health information.

It is always your choice whether or not to provide us with such information. If you choose not to provide the requested information you may not be able to access certain features or functions of this Site. Your personal information will be destroyed once the website is no longer live.

The Company collects and uses information you provide to:

  1. Reply to your request for information or comments;
  2. With your consent, connect you with providers involved in clinical trials or research studies related to your diagnosis to determine whether you are an appropriate participant for such trials or studies.
  3. With your express consent, contact you in the future regarding studies involving the same investigative compound or new opportunities from Gilead Sciences Inc. that may be appropriate.

2. Cookies

Cookies are files that identify your computer to our server. Cookies do not identify the individual user, only the computer used. Whenever you visit the site, the pages you see, along with a cookie, are downloaded onto your computer. Any information that is supplied by cookies assists us in analysing the profile of our visitors.

Cookies may be used in the following ways:

You have the ability to accept or decline cookies by modifying the settings in your browser. However you may not be able to use all the interactive features of our site if cookies are disabled. To find out more about cookies and how they can be disabled please visit the Interactive Advertising Bureau www.allaboutcookies.org.

3. Disclosures of your information

Your personal information may be used by a parent, subsidiary, or affiliate entity within the Company corporate family, partner entities, and the vendors and service agencies that we may engage to assist us. We will never pass your personal information to anyone else without your consent, except for (a) successors in title to our business, or (b) when required by law.

We will share your Personal Information with providers only in the ways that are described in this privacy statement or unless you expressly opt in to such sharing.

When you complete a prequalification questionnaire associated with the SELECTION and/or DIVERSITY Studies, you indicate your consent for the Company to store your Personal Information in our database and share it with healthcare professionals to contact you about this clinical trial for which you may be eligible by various means, including telephone, email, and US mail. You also have the option of receiving emails regarding new postings to our site, including news or updates to this clinical trial. In addition, the Company may contact you periodically when we have provided new functionality to the Site, so that you may take advantage of the new services.

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. This policy does not apply to third-party online resources to which the Company web sites may link, where the Company does not control the content or the privacy practices of such resources. You can also exercise your right to object to such use at any time by contacting us at support@neonstone.com.

4. Changes to our privacy policy

From time to time, this online Privacy Statement may be revised. Any such changes to this Privacy Statement will be promptly communicated on this page. Continued use of our sites after receiving notice of a change in our Privacy Statement indicates your consent to the use of newly submitted information in accordance with the amended privacy statement. The effective date of this Privacy Statement is -insert date-.


Comments

If you have any requests concerning your personal information or have any questions or comments about privacy, please send an e-mail to support@neonstone.com

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