Terms and conditions

Updated: 13 Dec 2018

1. Introduction

The following terms and conditions constitute an agreement between you and Oncoshot Pte Ltd. (“Oncoshot,” “we,” or “us”), the operator of Oncoshot.com (the “Site”). This agreement governs your use of the Site, both as an unregistered visitor and as a registered user. BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference. Please note that we offer the Site “AS IS” and without warranties. All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Oncoshot and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

2. We Do Not Provide Medical Advice

The information provided by Oncoshot is for educational purposes only and not intended to be a substitute for professional medical advice, diagnosis, or treatment. You are advised to seek professional diagnosis and treatment for any medical condition. Do not disregard, avoid or delay obtaining medical advice from a healthcare professional because of something that you may have read on the Site.

Your use of information provided on the Site is at your own risk. Nothing stated or posted on the Site or available through any of the provided services are intended to be, and must not be taken to be, the Practice Of Medicine or the Provision of Medical Care. You are strongly advised to discuss information obtained from this website with your healthcare provider before connecting with clinical trial contacts on our Site.

3. Waiver of Responsibility Towards Accuracy of Information About Clinical Trials

Medical knowledge is constantly growing and changing and differences of medical opinion exist even amongst medical authorities. Differences in medical care and clinical practices between geographies are frequently noted as well. You are to bear these differences in mind when accessing information on the Site. If you rely on any of the information provided by the Site, you do so solely at your own risk. In view of these constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to always review information obtained on the Site with your healthcare provider.

Oncoshot utilises both an automated and manual approach towards data modification which may give rise to the possibility of human error despite best efforts. In view of this, users are advised to confirm the validity of information or recommendations on the Site with their health care provider.

Clinical trial matching scores do not reflect the potential therapeutic benefit an intervention may have. They are based on eligibility scoring on the basis of the profile you have provided. Clinical trial matching scores serve the function of identifying trials which may have an improved chance of successful screening when a formal clinical assessment is subsequently conducted by trial institutes or relevant parties responsible for a patient’s enrollment into a clinical trial.

We have no control over, and cannot guarantee the availability of any clinical trial at any particular time. We will not be liable for cancelled clinical trials or your inability to participate in clinical trials or any injury resulting therefrom. Studies presented on the Site may not be approved by the participating medical centre’s institutional review board, may be cancelled, or may not be enrolling patients.

4. Licence To Use Website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not:

(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website (except for content specifically and expressly made available for redistribution).

5. Acceptable Use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website for any purposes related to marketing without our express written consent.

6. Restricted Access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. We may disable your user ID and password in our sole discretion without notice or explanation.

7. Limited Warranties

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website, whether express or implied, and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.

8. Limitations of Liability

Our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(e) our maximum liability in relation to any event or series of related events will be limited to $200.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION.

9. Indemnity

You hereby indemnify us, our licensors and service providers, and ours and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (“Indemnified Parties”) and undertake to keep the Indemnified Parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of the Indemnified Parties’ legal advisers) incurred or suffered by the Indemnified Parties arising out of any breach by you of any provision of these terms of use or your use of the Site, or arising out of any claim or judgment that you have breached any provision of these terms of use.

10. Breaches of these Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website; and/or

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

11. Third Party Websites

Our Site includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

12. Trademarks

Oncoshot, Oncoshot.com and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

13. Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version. Your continued use of the Site implies acceptance of any revised terms of use.

14. Assignment

We may sub-contract, assign, delegate or otherwise transfer our rights, remedies and obligations under these terms of use without notifying you or obtaining your consent.

You may not sub-contract, assign, delegate or otherwise transfer your rights, remedies and obligations under these terms of use, without our express written consent.

15. Severability and Waiver

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

No waiver of by us of any term set forth in these terms of use shall be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure by us to assert a right or provision under these terms of use shall not constitute a waiver of such right or provision.

16. Exclusion of Third Party Rights

Except as otherwise set forth in these terms of use, these terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

17. Entire Agreement

These terms of use, together with our privacy policy, cookie policy, and other policies mentioned in these terms of use, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements, understandings, representations and warranties (both oral and written) in respect of your use of this website.

18. Law and Jurisdiction

All matters relating to the Site and these terms of use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Singapore.

Any legal suit, action or proceeding arising out of, or related to, these terms of use or the Site shall be instituted exclusively in the courts of the Republic of Singapore (although we retain the right to bring any suit, action or proceeding against you for breach of these terms of use in your country of residence or any other relevant country). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Arbitration

At our sole discretion, we may require you to submit any disputes arising from the use of these terms of use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration by the Singapore International Arbitration Centre.

20. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Your Comments and Concerns

This website is operated by Oncoshot Pte Ltd.

All notices of copyright infringement claims should be sent to support@oncoshot.com.

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to support@oncoshot.com.