Terms & Conditions

LAST UPDATED: 7 JULY 2011

Exco InTouch makes available private websites for management of clinical trial and health care services that are restricted to authorized use only by Exco InTouch and by authorized health care personnel and clinical trial staff for authorized clinical trial and health care purposes only. The actual or attempted unauthorized access, use or modification of those private websites or their contents is strictly prohibited. Unauthorized users and/or unauthorized uses (including exceeding an authorized use) are subject to criminal and/or civil penalties or employee discipline in accordance with applicable domestic and foreign laws or policies.

It is not permitted to use our services for illegal or unreasonable activities. Deliberate misuse of the Exco InTouch service, including but not limited to advertising, transmitting, obtaining message credits by deceit, will cause the user account to be closed immediately. (Exco InTouch seek to act fairly and impartially in deliberating over any suspected abuse of our service.)

Engaging in activities, whether lawful or unlawful, that Exco InTouch determines to be harmful to its operations, reputation, goodwill, or customer relations may have his or her service disabled.

MESSAGE CONTENT

Exco InTouch processes messages on an automated basis. Exco InTouch is not responsible for the contents of a message, or the accuracy of it. Exco InTouch transmits messages in good faith, and cannot be held responsible for the views or opinions of any message content, save for admin messages generated by Exco InTouch. Examples of such admin messages are password confirmation emails, validation code transmissions to emails and sms, and monthly service update emails.

LIMITATION OF LIABILITY

Exco InTouch is liable for ensuring that the text message is processed and delivered to your mobile telephone operator. It is not responsible for the final delivery of the message by your operator to your mobile phone, as this is out of our control. There are various reasons for message delivery failure, including technical problems, or that the recipient mobile phone has been inactive for a considerable period, or that the recipient mobile phone had been outside of a valid GSM/CDMA coverage area for an extended period. Exco InTouch is not liable for any loss incurred by the failure of a message to be delivered. It is a condition of usage of this service that message contents are deemed to have zero value. It is a further condition of service that damages for financial or other loss resulting from delivery failure cannot be claimed from Exco InTouch.

AMENDMENTS

Exco InTouch reserves the right, following a 7 day notice to the user, to amend the terms and conditions for use of the Exco InTouch Service. Cancellation of contract Exco InTouch reserves the right to terminate a user account in the following circumstances:

If the user is breaching the usage policy guidelines
If required by law
In any circumstance, Exco InTouch will communicate its intention to close an account, and will place the account in suspension. The user may appeal the decision, but Exco InTouch’s decision will be final.

FORCE MAJEURE

All parties to these terms and conditions will be exempted in circumstances of force majeure, subject to reasonable notice, from these conditions. Circumstances of force majeure shall be deemed to include, inter alia, the actions of governmental authorities or the failure of governmental authorities to take action, new or amended legislation, retirement of personnel, illness or other reduction in work capacity, death, labour market conflicts, blockades, lightening, fire, flooding, loss or destruction of data or property of material significance, restrictions on availability of fuel, shortage of transportation, goods or energy, or defects or delays in the delivery of goods or services by suppliers, defects in the public data or telephone or mobile telephone network and defects in hardware or software.

DATA PROTECTION & PRIVACY

Exco InTouch meets the conditions of the Data Protection Act 1998. We operate a privacy policy, and do not send our consumer marketing material, or pass the consumer’s details to others. We give consumers the option to refuse marketing material. Users have the option to opt in or out of selected services.