i4CT Online resources and services Terms of Use
For the purposes of these Terms of Use: "i4CT" refers to i4CT SAS, a company organized and existing under the laws of France, having its principal offices at 47 rue de Liege, 75008 Paris, France, registered in France number RCS Paris B 793 469 230; "Insurance company" refers to i4CT’s insurance partners who have committed to offer, via the Site, Clinical trial Insurance agreement ; "User" refers to any individual or legal person wishing to obtain a quote and if requested, issuing an agreement on an offer to purchase a Clinical trial insurance via the Site; "Site": Website www.iforct.com offering an online service for request for quotation and signing Clinical trial insurance Agreement ; Clinical trial insurance Agreement is directly and exclusively between the User and the Insurance Company ; "Agency" refers to an insurance agency, and "You" and "Your" refer to the User, the Agency, employees, and anyone accessing the Site, including but not limited to any insured whose insurance policy was underwritten by Insurance Company via le Site or any representative of such insured.
In order to use the resources or services ("Resources or Services") provided on or through the Site, You must open an account. Such Resources or Services include, but are not limited to, the Resources or Services available for services provided by i4CT via the Site: (1) request for quotation regarding Clinical trial Insurance agreement, (2) proposal, (3) acceptance of a Clinical Trial Insurance agreement directly from the Insurance Company (4) request for amending the Agreement signed with the Insurance Company through the Site (5) claims notification (6) dashboards related to insurance policy for access and use by You.
Before continuing, print or save a local copy of the Terms of Use for Your records.
These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between i4CT and User in relation to Your participation as a User of the Site, including, but not limited to, the Clinical trial Insurance agreement accepted by the User which remains in full force for all other terms and conditions.
Your attention is drawn to the fact that the Clinical trial Insurance agreement is agreed directly between the User and the Insurance Company by accepting the contractual documents provided to the User via the tools available on the Site (by downloading or by email).
Confidentiality and Non-disclosure
You agree that all information disclosed by i4CT to You shall remain confidential and shall not be disclosed by You to any individual, corporation, other business organization (including but not limited to any competitor or company) or governmental agency unless required by law, and You shall use such information only for the purpose for which i4CT has provided such information to You.
Compliance with the Law
You shall comply with the requirements of any applicable French regulation. You agree to use the Resources or Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, including any state, federal or international laws, regulations or any other government requirements. You further agree not to use the Resources or Services in any manner that could damage, disable, overburden or impair any i4CT server or the network(s) connected to any i4CT server, or interfere with any other party's use of any Resources or Services.
Limited Use of Services
You shall use the content provided on the Site only in the normal course of the application for subscription of a Clinical Trial insurance Agreement, and except for the foregoing, shall not use the content for any other person or entity. You acknowledge that some content may be French state-specific.
If You are an Agency You agree that You shall use any such content only in those states where your Agency holds a valid and unexpired insurance agent's license in the applicable state.
Your account
The benefit of services requires You to open an account according to the proposed procedure via the Site. The creation and use of the account requires the collection and processing of personal data.
i4CT is responsible for processing such data in order to provide You with the services available on the site.
Such data are intended to i4CT, the Insurance Companies likely to issue offer for Clinical Trial insurance Agreement and to any technical service provider designated by i4CT having taken strong security commitments to ensure the security and confidentiality of data.
You can exercise your rights of access, rectification and opposition under the conditions defined in the French law 78-17 of 6 January 1978 by contacting i4CT by email (contact@iforct.com) or by mail (47 rue de Liege – 75008 Paris – France).
Any request for quotation via the Site requires the opening an account.
The User is informed and accepts that i4CT shall review and consider any request for quotation and as such, is entitled, without notice or compensation of any kind whatsoever to deny any request that may be considered as unlawful, unauthorized, unfair and generally not in accordance with public order or regulation of any kind.
When an Agency wishes to benefit from the opening of an account, it must directly address its request to i4CT via email (contact@iforct.com). Its request is subject to a particular instruction due to its quality of Agency.
Once the account is activated by an Agency after instruction by i4CT, (1) the Agency's customers can benefit from the services of the Site as any User in that capacity and as such are subject to the provisions of these Terms of Use, (2) the Agency has access to a tracking information area related to the request for quotation, tenders and Clinical Trial Insurance Agreement of its customers.
The Agency shall be solely responsible and ensures that it obtained the consent of its customers to access such information.
Your Passwords and Account Security
i4CT shall appoint a person to be Site administrator ("Administrator"). The Administrator shall provide Users with a password to be used for access to the Site following a secure process. You are entirely responsible for maintaining the confidentiality of the password and account. Furthermore, You are entirely responsible for any and all activities that occur under the password and account. i4CT is authorized to act on instructions received under Your password without any requirement to question those instructions.
i4CT will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by i4CT or another party due to someone else using Your account or password. You agree to notify i4CT immediately of any unauthorized use of Your account or any other breach of security. Notification must be made to Sandrine Bresard, Managing Director, by email (contact@iforct.com).
i4CT may deny access or block any transaction made under Your password without prior notice if i4CT believes Your password is being used by someone other than You or for any other reason but it is under no obligation to do so.
Online application for a Clinical Trial Insurance Agreement
The purchase of a Clinical Trial Insurance Agreement via the Site is based on the following steps:1. Opening an account, generating passwords / login.
2. Quotation request.
3. Instruction of the request for quotation by i4CT, according to the country or countries in the scope of the warranty, whether automatically online or by manual instruction of i4CT,
4. Emission of the quotations via the Site by the Insurance Company partner of i4CT: offers are available to the User by email to email address mentioned during the opening of the account and by downloading within User Account; i4CT undertakes to use its best efforts to provide through the Site specifications issued by the Insurance Company, and at the latest within eight working days from the request for quotation issued by the User via the Site, except User information by i4CT regarding any postponement; quotes are valid for 90 days from the date of their provision by the User via its account; if the quote is accepted, the User will receive the corresponding insurance certificate, the insurance policy and the invoice.
5. For 90 days after the provision of the quotes, User can: (a) Accept the quote by activating the button "I agree to contract " forming the agreement between it and the Insurance Company and by activating the button "I have read, I understand and I agree Terms of Use": will be made available to the User the Insurance Particular Conditions, the Insurance General Conditions, the Request Form, the Certificate of insurance and the Invoice. (b) Refuse quotes : then the file is closed; (c) Request a change in quote, the User must follow the procedure proposed to it online for this purpose in accordance with the above terms.
6. The User may report a claim in accordance with the procedure which is made available on the Site in accordance with the terms of the Insurance Agreement it has signed with the Insurance Company; the date of notification of the claim is the activation date of the button « notify a claim » on the Site.
7. The User may request a modification of its Clinical Trial Insurance Agreement accordance with the procedure which is available on the Site, and the changes that may occur are subject to prior approval by the User.
8. The User has dashboards for monitoring requests and agreements. Information and contractual documents remain online for the duration of the Clinical Trial.
Proof & Evidence
Computerized data stored in i4CT's Site and information systems will be considered as proof of the communications and various transmissions of information between i4CT, the User and the Insurance Company.
This includes: any exchanges via the Site and by email, including any electronic data and clicks occurred under the provision of the services such as:
- date of quote request,
- acceptance of Terms of Use,
- acceptance of the Clinical Trial Insurance Agreement,
- notification of a claim,
- request for modification.
Third-Party Sites
i4CT's Site may include links to other sites on the Internet that are owned and operated by other companies.
You acknowledge that i4CT is not responsible for the availability of, or the content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site and i4CT is not responsible therein. i4CT encourages all users to review the privacy policies of third-parties' sites.
Disclaimer of Warranties and Liability
FOR THE PURPOSES OF DISCLAIMER OF WARRANTIES AND LIABILITY, "COMPANY" SHALL REFER TO i4CT. THIS SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE OR NETWORK.
COMPANY DOES NOT GUARANTEE THAT THE SITE OR ITS NETWORK WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS SITE OR NETWORK. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO COMPENSATORY, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF COMPANY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE AND UNDERSTAND THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE OR NETWORK. BECAUSE SOME COUNTRIES / STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH COUNTRIES / STATES, THE LIABILITY OF COMPANY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH COUNTRY / STATE LAW.
COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE RESOURCE(S) OR SERVICE(S) DESCRIBED HEREIN AT ANY TIME. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
Breach
You agree that You are solely responsible for any breach of Your obligations under the Terms of Use and for the consequences of any such breach, including any loss or damage which i4CT may suffer, and that i4CT has no responsibility to You or to any third party for such breach.
i4CT shall not be responsible for any difficulties or claims arising from relationships between Users and the Insurance Company.
Indemnification
You agree to indemnify, defend and hold harmless i4CT, its parent company, subsidiaries, affiliates, officers and employees from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of these Terms of Use by You; (2) any violation of any rights of a third party by You; (3) any violation of applicable law by You; or (4) Your use of i4CT Site or network.
Governing Law
These Terms of Use are governed by and must be construed under the French laws without giving effect to any principles of conflicts of law. The courts of Paris have exclusive jurisdiction over and venue of any suit that relates to these Terms of Use.
Copyright and Trademark Information
You acknowledge and agree that i4CT or its affiliates and licensors own all legal right, title and interest in and to the Site and Resources or Services, including any intellectual property rights which subsist in the Site and Resources or Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist. In the course of transactions directly related to business on behalf of i4CT, You may use the Site insurance applications, underwriting questions, forms or inquiries as necessary in the solicitation or servicing of businesses. You may not copy, reproduce, republish, modify, upload, post, transmit, distribute, decompile, reverse engineer, disassemble, data extract, data mine, rent, lease, loan, sell or create derivative works of any kind based on materials on this Site, in whole or in part, including, but not limited to text, images, audio and/or video other than as permitted pursuant to these Terms of Use or with the expressed written permission of i4CT.
You shall not assert or possess any right or claim of ownership therein. The Site and its content and these Terms of Use may not be altered, assigned, sold or transferred by You without receipt of the prior express written consent of i4CT. Any limited authorization is not a transfer of title in the materials and by Your use of the Site you acknowledge that You do not acquire any license, ownership or other rights to the materials. You agree that You will not use any robot, spider or other automatic device or any manual process to monitor or copy i4CT's Web pages or the content contained therein. The use of any such materials on any other Web site or networked computer or environment is prohibited. If You breach any of these Terms of Use, Your authorization to use the Site automatically terminates and You must immediately destroy any downloaded or printed materials.
Miscellaneous
i4CT may also access and disclose any information (including transactional information) related to Your access and use of Site or network for any lawful reason including, but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) regulatory compliance; (4) protecting i4CT's rights or property and those of its customers; or (5) protecting users of Resources or Services from fraudulent, abusive or unlawful use of such Resources or Services. Indirect or attempted breaches of these Terms of Use, and actual or attempted breaches by You or a third party on Your behalf may be considered breaches of these Terms of Use by You or such third party.
i4CT may, at any time, terminate its legal agreement with You for any reason including but not limited to the following:
1. If You have breached any provision of the Terms of Use (or have acted in a manner which clearly shows that You do not intend or are unable to comply with the provisions of the Terms of Use); or
2. If i4CT is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful); or
3. For infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right.
4. For violating the rules, regulations or policies that apply to any third-party network, server, computer database or website that You access; or
5. For disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
6. For unfair or abusive behavior.
Any cause of action You may have with respect to Your use of the Site must be commenced within six (6) months after the claim or cause of action arises.
Any failure to insist upon or enforce performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in these Terms of Use.
If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use so that it does not affect the validity and enforceability of any remaining provisions.
These Terms of Use and any other agreements referenced herein may be assigned by i4CT, in its sole discretion, to a third party in the event of a merger or acquisition without notice to You.
i4CT may modify these Terms of Use and the agreement they create at any time without notice to You.
When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that You and i4CT have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to apply to such rights, obligations and liabilities indefinitely.