Terms and conditions
- Scope of application of the Terms and Conditions and acceptance
- Purpose of the PASEQ, modifications and access
- Users obligations, warranties and registration
- Content and disclaimer
- Intellectual and industrial property rights and use of content
- Technical errors, malfunction and availability
- Applicable Law and Jurisdiction
- The Polymorphism Analysis by Sequencing Website (the “PASEQ”), aims to provide an on-line data analysis tool for Next Generation Sequencing (NGS) technologies of viral genomic information, as detailed below.
- The PASEQ is owned by Fundació Privada Institut de Recerca de la Sida-Caixa (“IrsiCaixa”), a non-profit research organization devoted to research on human immunodeficiency virus infection, acquired immune deficiency syndrome (AIDS) and related diseases.
- A research group working on behalf of IrsiCaixa (the “PASEQ Team”), created and developed the PASEQ as a result of the research efforts undertaken within IrsiCaixa, with the sole intention of transferring the research results to the User (as defined below) and for investigational purposes. The PASEQ Team provides maintenance and continues to develop the PASEQ.
2. Scope of application of the Terms and Conditions and acceptance
- The present terms and conditions (the “Terms and Conditions”) inform on the rules, terms and guidelines each User shall follow in order to access and utilize the PASEQ.
- The access and the use of the PASEQ and of any information made available thereon, including but not limited to documents, materials, texts, images, sounds and software (the “Information”) and any of the services provided via the PASEQ (the “Services”), shall be governed by the present Terms and Conditions.
- If any provision herein is for any reason held to be invalid, illegal or unenforceable, such unenforceability does not affect any other provision. The Terms and Conditions are then to be construed as if they had never contained the provision in question and are to be interpreted, in so far as possible, in such a way as to maintain their original intent.
3. Purpose of the PASEQ, modifications and access
- The main purpose of the PASEQ (the “Purpose”) is to provide the User with a software tool for the on-line analysis of viral genotypes obtained by using Next Generation Sequencing (NGS) and to process de submitted clinical Information for scientific research purposes within the scope of Human Immunodeficiency Virus infection, Acquired Immune Deficiency Syndrome (AIDS) and related diseases, in compliance with recognized ethical standards for scientific research.
- IrsiCaixa reserves the right to modify, limit or discontinue, in full or in part and without prior notice the Services and Information available to the User on the PASEQ at any time and to restrict and/or deny access temporarily or definitively to any User to the PASEQ, without prior notice and at its sole discretion.
- IrsiCaixa also reserves the right to update the Terms and Conditions at any time without prior notice, by posting amended Terms and Conditions on the PASEQ. The amendments to the Terms and Conditions take effect upon the posting on the PASEQ. By accessing and browsing the PASEQ, you are accepting the amended Terms and Conditions.
4. Users obligations, warranties and registration
- The User shall comply with all applicable laws and regulations. By accepting the present Terms and Conditions, the User commits to comply with the applicable laws and regulations.
- In particular, the User guarantees to have previously acquired the express and explicit authorization of the corresponding patient to submit his/her Information to the PASEQ for the Purpose defined herein. The burden of proof resides within the User.
- The User shall not violate or attempt to violate the PASEQ’s network security and, in particular, shall refrain from uploading or attaching virus-containing or corrupted files or any software or programs that may damage the operability of the PASEQ and/or of any another User's computer. The User shall not impede or attempt to restrict in any way the access to and/or the use of the PASEQ by another User (e.g. by generating, whether manually or by automated means, unusually high numbers of service accesses).
- The User shall not upload health Information to the PASEQ from an individual who can be directly or indirectly identified (e.g. name of the patient, address of the patient or job title of the patient). In the event the User fails to comply with this Clause, IrsiCaixa shall have the right to deny or restrict its access to the PASEQ.
- User registration is required in order to be able to request the Services of the PASEQ. The User must provide complete and accurate Information on the registration form and update it if necessary. The User shall not misuse any access authorization granted (e.g. by transferring data to unauthorized third parties) and accepts to be contacted by the PASEQ Team or by IrsiCaixa for any purpose relating to the PASEQ (e.g. verification purposes, solving problems and analysis notifications).
- The User is self-responsible for maintaining the confidentiality of the password and the account. The User shall take all necessary steps to keep his/her password secure and shall inform the PASEQ Team immediately via email@example.com in case of mere suspicion of misuse, identity theft or illegal access by a third party or if any other security regulations may have been infringed.
5. Content and disclaimer
- Unless otherwise stated herein, the Information is of general nature and is not intended to address the specific circumstances of any particular case or individual. The PASEQ cannot guarantee that the Information is always comprehensive, complete, accurate and updated. Consequently, the PASEQ accepts no responsibility for any loss or damage that may result from the User’s reliance upon the Information.
- IrsiCaixa does not make any representation, nor issues any guarantee, either express or implied, as to the accuracy, availability, suitability or content of the information or the services hyperlinked on the PASEQ. References on the PASEQ to third-party events, statements, services or products (e.g. pop-up advertisements) do not constitute an endorsement or support by IrsiCaixa for such events, statements, services or products, which remain the sole responsibility of the third party concerned.
- User may have the possibility to upload and erase Information to the PASEQ at any time at its sole discretion.
6. Intellectual and industrial property rights and use of content
- The User acknowledges that the PASEQ is protected by intellectual and industrial property rights as set forth in its Legal Notice. IrsiCaixa reserves all rights to the extent possible under any applicable intellectual and industrial property law.
The User shall use, reproduce and distribute the Information resulting from the analysis of the uploaded information performed by the PASEQ, only subject to the following conditions:
- The PASEQ shall be quoted as its source when the Information is reproduced or distributed.
- The Information shall be used only for analytical purposes and may also be used in aggregated form for investigational, statistical and academic purposes. The PASEQ cannot be used as a validated diagnostic tool.
- The right to use the Information does not allow the User to copy all or a substantial part of the data, the data structure or of the software; in particular, it does not allow any use of data mining, robots or similar data gathering - and extraction tools.
- Any commercial use of the Information by the User shall require the signing of a separate agreement between the User and IrsiCaixa.
- No other use of the Information (including reproduction, copy, use, distribution, commercialization or public communication) is permitted without prior written authorization by IrsiCaixa.
7. Technical errors, malfunction and availability
- PASEQ aims at minimizing technical errors and malfunctions. However, some data or other parts of the Information may have been created or structured in files or formats that are not errorfree. IrsiCaixa cannot guarantee that the underlying files and the formats used are errorfree.
- IrsiCaixa cannot guarantee that the PASEQ and the Services is always be available. Access to the PASEQ and its Services may occasionally be suspended, restricted or impeded to allow error corrections, maintenance or the introduction of new Services.
- IrsiCaixa takes no responsibility for any problem resulting from technical errors, malfunction and/or unavailability, including, but not limited to, the failure of performance, computer virus, communication line failure and alteration of content resulting from the use of the PASEQ or any linked external sites.
For security purposes, PASEQ will use software programs to monitor the website traffic and to identify unauthorized attempts to upload or download data or otherwise cause damage.
- IrsiCaixa accepts no representation and responsibility for the accuracy, completeness and reliability on the Information or the Services provided via the PASEQ.
- Any software made available for downloading from the PASEQ is supplied "as is" without further warranties of any kind, either express or implied, including, but not limited to, the quality, performance or fitness for any particular use or purpose. IrsiCaixa assumes no responsibility for any damages, including but not limited to direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use or the inability to use such software.
- IrsiCaixa assumes no representation and responsibility for the functionality or contents of external websites, services or software products hyperlinked from the PASEQ. The use of such websites, services and/or software products is at the sole risk of the User.
- These provisions are not intended to limit the PASEQ's liability in breach of any law applicable or to exclude its liability for matters which cannot be excluded under such law.
10. Applicable Law and Jurisdiction
- The present Terms and Conditions shall be governed by the Laws of Spain.
- The Parties agree to submit any dispute arising out of or in connection with the present Terms and Conditions, which cannot be settled amicably, to the courts and tribunals of the city of Barcelona (Spain).
Last updated: 15th December 2020