Mapi Research Trust

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Conditions of Use and Sale  

 

This website, the Mapi Store (https://store.mapigroup.com/) is owned and operated by Mapi Research Trust (MRT), whose business address is 27 rue de la Villette, 69003 Lyon, France, registered in Carpentras under number 453 979 346. For any information, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

General Conditions of Use and Sale below are applicable for all services/products available in the Mapi Store. Specific conditions of use and sale by service/product will be detailed in section 2. General conditions of use and sale and specific conditions of use and sale are collectively referred to as “Conditions of Use and Sale”.

The term ‘User(s)’ refers to all visitors of the Mapi Store including basic visitors, visitors who have created a Mapi Store Account and Users subscribing to MRT’s databases or buying the Linguistic Validation Manual via the Mapi Store or registering to.

User agrees to be bound by the Conditions of Use and Sale. MRT reserves the right to change, modify, add or remove portions of these Conditions of Use and Sale at its sole discretion at any time and without prior notice. User must check this page periodically for any modifications.

 

1. General Conditions of Use and Sale for All Services/Products

1.1.          Mapi Store Account

Users with Mapi Store accounts are responsible for maintaining the confidentiality of their accounts and passwords and for preventing unauthorized access to their accounts. They agree to accept responsibility for all activities that occur under their accounts or passwords.

They shall ensure that the details they provide MRT with are valid and up to date when registering or buying products/services. They can access their accounts and update the information they provided MRT from the ‘Connection’ section in the Home Page of the Mapi Store.

MRT reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at MRT’s discretion.

 

1.2.          Mapi Store’s Intellectual Property and Trademark

All content included on this website, such as text, graphics, logos, button icons, images or downloads and the Mapi Store’s trademark is the property of MRT and/or its affiliates and is protected by French and international copyright, authors' rights and database right laws.

All Users shall not extract, copy and use parts of the contents of the Mapi Store without MRT’s prior written consent. They shall not create and/or publish their database or website featuring substantial parts of the Mapi Store.

 

1.3.          Currency

Rates in the Mapi Store are fixed in EURO. If Users choose to make their payments in US dollars, they will be charged that day's official exchange rate.

 

1.4.          Invoices and Payments

For payments by check or bank transfer, MRT will send invoices to Users itemizing in detail the services/products provided and the amount due. All payments for invoices will be due within net thirty (30) days of invoice date. Monies outstanding on due date will be subject to interest at 3% per month or part thereof. Furthermore, after the payment term indicated, the unpaid amount will be charged of a banking interest equal to three times the French legal annual interest rate on a monthly basis (Article L441-6 of the French Commercial Code). In the event of  late payment of this invoice, Mapi is entitled to obtain from Client a fixed sum of € 40 as compensation for recovery costs (Article D.441-5 of the French Commercial Code).

For payments by credit cards, validated by MRT’s bank, MRT will send invoices to Users itemizing in detail the services/products provided and the amount due for their information.

 

1.5.          Independent Contractor

User's status is that of an independent contractor and not as an employee or agent of MRT, and User has no authority to bind or act on behalf of MRT.

 

1.6.          Publicity

Neither party shall use the name of the other for any promotional purposes without the prior written consent of the party whose name is to be used.

 

1.7.          Personal Data Protection Law

Some information about User is registered in an internal database (like individual User’s contact information or companies’ contact information). This information enables the Mapi Group staff members to contact User in the context of a project or for other business activities. As required by the French personal data protection Law N° 78-17 of 6 January 1978 modified, Mapi Group database was declared to the French commission (CNIL) and registered by this commission; Mapi Group staff members who use this information are required to apply the law; Users have a right of accession, correction of the data registered about them. They can also object to the processing of these data on legitimate grounds (in accordance to the above-mention Law). To this end, please contact Mapi Research Trust, 27 rue de la Villette, 69003 Lyon, France ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ).

 

1.8.          Force Majeure

MRT shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the services or in delivering products resulting directly or indirectly from any cause or circumstance beyond their reasonable control.

 

1.9.          Survival

Notwithstanding expiration or termination of these Conditions of Use and Sale for any reason, rights and obligations, which by their nature should survive, will remain in full force and effect. In particular (and not by way of limitation), the provisions related to obligations of confidentiality, use and intellectual property rights will survive the expiration or termination of these Conditions of Use and Sale.

 

1.10.     Severability

If any of the provisions or a portion of any provision of these Conditions of Use and Sale is held to be unenforceable or invalid by a court of competent jurisdiction, the validity and enforceability of the enforceable portion of any such provision and/or the remaining provisions will not be affected.

 

1.11.     Indemnification

User hereby agrees to indemnify, defend and hold MRT, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from User’s use of the Services/products.

 

1.12.     Governing Law and Venue

These Conditions of Use and Sale shall be governed by and construed in accordance with the laws of France, without regard to its conflicts of law principles. User hereby submits to and agrees that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in Lyon - France.

 

 

2. Specific Conditions of Use and Sale by Services/Products

2.1.           Use and Subscriptions to MRT Databases

2.1.1.   Scope of Services

2.1.1.1.              Mapi Research Trust (MRT)

MRT is a non-profit organization facilitating access to information in the fields of Patient-Centered Outcomes (PCO). By developing the PROQOLID & PROLabels databases, MRT aims to construct tools that will improve the knowledge and thereby the relevant use of PCO as well as enlarge access to PCO resources for all those involved in this field. For this reason, a significant part of PROQOLID has been made accessible to all users free of charge.

Financial participation in the form of annual subscriptions is required for users to access PROQOLID and PROLabels' advanced levels.

In the Conditions of Use and Sale for the PROQOLID (http://www.proqolid.org/) & the PROLabels (http://www.mapi-prolabels.org/) Databases (‘Databases’), the term ‘User(s)’ refers to all users of the databases.

 

2.1.1.2.              Conduct of Services

As a provider of information, MRT reserves the right to add or withdraw information and modify or otherwise change the Service (including features) as necessary. MRT will exert its best efforts and professional expertise to ensure that the Services will be conducted pursuant to this Scope of Services provision

 

2.1.1.3.              Links to Other Sites

The Databases may contain hyperlinks to other sites or resources that are provided solely for the User’s convenience. MRT is not responsible for the availability of external sites or resources linked to the websites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Because MRT is not responsible for the availability or accuracy of these outside resources or their contents, User should review the Conditions of Use and Sale and privacy policies of these linked sites, as their policies may differ from those of MRT’s.

 

2.1.2.   Payment

2.1.2.1.              Free access

User of the first free level is nevertheless bound by all obligations described in these Conditions of Use and Sale.

PROQOLID: A first level of information is accessible free of charge.

PROLabels: A brief description of the database is accessible free of charge.

 

2.1.2.2.              Advanced access

Annual subscriptions to the advanced level are proposed to:

-     -  individuals, universities, libraries, hospitals, associations, institutions such as health agencies, non-profit organizations, as well as to pharmaceutical and profit-making companies for the PROQOLID database. If you subscribe to PROQOLID as a student or an individual academic, Mapi Research Trust reserves the right to ask for valid evidence of the academic or student status before Mapi provides the PROQOLID access codes. Such subscribers cannot have any ties to pharmaceutical companies or other profit companies such as CROs.

-      - pharmaceutical companies and health agencies for the PROLabels database.

Subscriptions give full access to the Databases for one year. Details of implementation and prices are available on this Mapi Store and upon request (to contact MRT on this, This e-mail address is being protected from spambots. You need JavaScript enabled to view it ). MRT reserves the right to modify its subscription rates at any time. Changes in subscription rates will apply to existing accounts at the time of their renewal. The rates posted in the Mapi Store the day of the subscription will be the only rates applicable to the subscriber for a one-year subscription.

 

2.1.3.   Confidentiality

User agrees that, site layout, design, images, programs, text and other information as well as passwords given by MRT to enable access to the advanced level are and will be considered to be confidential information.

User agrees that it will not disclose to any third party, or use for any purpose other than as contemplated by these Conditions of Use and Sale, any of the confidential information until such time as the information becomes part of the public domain as a result of an action or disclosure which is authorized by MRT and is not the result of any unauthorized disclosure by the User.

The obligations of this paragraph shall survive the expiration or termination of subscriptions to the databases or the end of use of the free access level of the databases.

 

2.1.4.   Use

2.1.4.1.              MRT authorizes User to use data or documentation extracted from the databases only for User’s internal reports or other internal documents. User acknowledges that User may not use, copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the content, products or services obtained from any data or documentation extracted from the Databases in any medium to any third parties without MRT’s prior written consent. For instance, User may not share, publish, communicate any data or documentation extracted from the Databases in any external communications, such as congresses and conferences, without MRT’s prior written consent. MRT reserves the right to authorize or not User to any external use of any data or documentation extracted from the Databases.

2.1.4.2.              User agrees, for itself and for any party acting by or through User (i) to allow its password(s) and any documentation, or data received from MRT, to be used only by User 's employees which are referred to as the "Authorized Users"; (ii) not to transfer, by any means whatsoever, any data or documentation received from the Databases (or copies thereof), to any person, organization or institution outside the "Authorized Users" and to prohibit any "Authorized User" from doing so; (iii) not to sell, exchange, barter, or transfer, rent, lease, loan, resell for profit, distribute or in any other manner commercially exploit any data or documentation received from MRT; or obscure copyright notices contained on data or documentation received from MRT.

2.1.4.3.              In the event of loss or theft of a password, it is User's responsibility to notify MRT immediately, in writing and User shall be relieved of liability for charges incurred on such password subsequent to MRT's receipt of such notice. MRT reserves the right to change any password at any time as it deems necessary.

 

2.1.5.   Warranty and Liability

2.1.5.1.              The User assumes all risks related to the use of any information provided in the Databases.

PROQOLID: User assumes all risks related to the use of any information provided in PROQOLID. The author(s) of instruments that are described in PROQOLID are invited by MRT to validate prior to the inclusion of data in PROQOLID. PROQOLID and MRT provide the data "as is".

PROLabels: Data available on all drug products were collected from the regulatory agencies website and MRT provides the data "as is". PROLabels does not report the full labeling information of a given drug product but only results of the COA label. For complete labeling information, the User is to refer to the regulatory agency that has granted the marketing authorization.

MRT and the authors providers of information disclaim any and all warranties, whether expressed or implied, including (without limitation) any implied warranties of merchantability or fitness for a particular purpose. In no event shall MRT nor the authors and/nor providers of information be liable for any indirect, special, incidental, or consequential damages arising out of any use of reliance of any information contained herein. MRT nor the authors and/nor providers of information assume any responsibility for failure or delay in updating or removing the information contained herein.

2.1.5.2.              MRT does not make any warranty whatsoever, including without limitation, that the operation of the website will be uninterrupted or error-free; that defects will be corrected; that this website, including the server that makes them available, is free of viruses or other harmful components.

 

2.1.6.   The Databases’ Intellectual Property Rights

2.1.6.1.              All trademarks and copies of original documents appearing in the Databases are the property of their respective owners as stipulated by the related copyright notices and are protected by copyright and other intellectual property laws. The health agencies’ documents are in the public domain.

2.1.6.2.              All other content in the Databases, including site layout, design, images, programs, text and other information (collectively, the "Content") is the property of MRT and its affiliated companies or licensors and is protected by copyright and other intellectual property laws.

2.1.6.3.              The User may not engage in systematic retrieval of Content from the Service Databases to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from MRT.

2.1.6.4.              Any ideas, concepts or materials submitted to MRT by the User regarding the Service Databases become MRT's property to exploit or to not exploit as MRT solely deems appropriate without necessity for remuneration or attribution to the User.

 

2.1.7.   Term and Termination of the Subscriptions to the Databases

The term of these Conditions of Use and Sale shall begin on the date of the User’s acceptance of said Conditions of Use and Sale. The subscriptions to the databases may be terminated by MRT at any time in the exercise of its sole discretion in the event of a breach by the User such as use of the Databases in a manner which is not permitted by these Conditions of Use and Sale or default of payment of the invoices for access to the advanced level.

 

2.2.           Linguistic Validation Manual (‘Manual’)

 

2.2.1.   Delivery of the Manual.

The Manual shall be sent by MRT by post within 8 open days only upon receipt of the payment from any User buying the Manual via the Mapi Store (”Buyer”). Under no circumstance, MRT shall be responsible for any lost or any delay caused by the postal services in the delivery of the manual.

2.2.2.   Returns

Returns are acceptable within 7 days of the date that the Buyer received the Manual. The Manual can be mailed with its original invoice ship to: Mapi Research Trust, 27 rue de la Villette, 69003 Lyon, FRANCE. Refunds will only be accepted by MRT if the Manual is return intact “as new” by the Buyer so that Mapi Research Trust can sell it again. Shipping charges are not refundable. The Buyer will be reimbursed within one month upon receipt of the returned manual.

2.2.3.   Intellectual Property

 Buyer acknowledges that (i) the Manual is copyrighted by Mapi and (ii) no part of the Manual may be copied, reproduced, stored in retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Mapi. 

      

 

Mapi Research Trust | 27, rue de la Villette, 69003 Lyon, France 

Phone: +33 (0) 4 72 13 65 75 | Fax: +33 (0) 4 72 13 66 82

 

2016 09 07

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