Terms

Our website located at www.fromsciencetopharma.com (“website”) is an online training platform which provides step-by step training and coaching on how to transition into the pharma industry to maximise the chance of becoming a medical science liaison.

Recitals

  1. These terms and conditions of use ("Terms") govern your use of the Website and form a binding contractual agreement between you, the user of the Website and us, From Science To Pharma Pty Limited ACN 612 512 553 (“FSTP”).
  2. For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us on fstp@fromsciencetopharma.com.
  3. By using the Website you acknowledge and agree that you have had sufficient chances to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.
  4. FSTP is not responsible for the conduct of any User of the Website, either online or offline.
  5. FSTP does not provide refunds.

1. Definitions

  1. “Candidate” means a user of the Website who is seeking Training.
  2. “Candidate Registration” means an application to FSTP for a username and a password to become a Candidate.
  3. “Candidate Registration Fee” means the fee payable by the Candidate to FSTP for Training.
  4. “Confidential Information” means any information of FSTP, or of another User which is designated as confidential or which is of a confidential or sensitive nature, which is marked or denoted as confidential or which a reasonable person to whom that information is disclosed or to whose knowledge the information comes would consider confidential.
  5. “Content” means anything that is uploaded, posted or otherwise transmitted through the Website by FSTP to the User.
  6. “Intellectual Property” means all intellectual property rights (including, without limitation, all registered and unregistered copyright, training techniques, training methodologies, videos, website content, designs, trademarks and patents) of any nature in any technology, trade secrets, User lists, User details (including, but not limited to, User emails, telephone numbers and addresses) and User-related information, software, program, inventions, designs, works and subject matter belonging to FSTP.
  7. “Membership” means an application to FSTP, including through the Website for a User name, account and password.
  8. “Membership Data” means any information provided by you to FSTP in any registration form on the Website or otherwise.
  9. “Services” means the provision of Training to a Candidate.
  10. “Third Party” means an entity other than FSTP or its subsidiaries.
  11. “Training” means training and coaching on how to transition into the pharma industry as a Medical Science Liaison, including face to face training sessions from time to time.
  12. “User” means a Candidate or any other party who accesses the Services, regardless of the nature of that access or if that party is or is not identified to FSTP.
  13. “You” means the Candidate or any other party currently accessing or has previously accessed the Services.

2. General

  1. These Terms prevail in the event that anything in, or associated with, the Website is inconsistent with these Terms.
  2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
  3. These Terms and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
  4. FSTP shall be under no liability whatsoever to you for any direct or indirect losses and/or expense (including loss of profit) suffered by you arising out of a breach by FSTP of these Terms, including FSTP’s negligence.
  5. The failure by FSTP to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect FSTP’s right to subsequently enforce that provision.
  6. FSTP may provide any notice required under these Terms by publishing the notice on the Website (“Notice”).
  7. FSTP may amend or vary these Terms at its sole discretion by giving Notice, and the varied Terms are to take effect immediately upon Notice being given. Your continued use of the Website after any variation of these Terms will be deemed to constitute your acceptance of the varied Terms. If you do not accept the varied Terms, please discontinue your use of the Website and/or terminate your Membership.
  8. These Terms, together with the Privacy Policy, constitute the entire agreement between you and FSTP and supersede any prior versions of these Terms and all other communications whether oral or written, express or implied.

3. Licence to use Website

  1. FSTP grants you a non-exclusive, non-transferable licence to use the Website and Services in accordance with the terms and conditions set out in these Terms.
  2. You acknowledge and agree that:
    1. FSTP retains complete editorial control over the Website and the Content and may alter, amend or cease the operation of the Website at any time in its sole discretion; and
    2. the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

4. Conduct and Obligations

  1. By accepting these Terms, you are representing that you:
    1. have the capacity to accept these Terms;
    2. will maintain the security and confidentiality of your account, login details, password and identification; and
    3. will provide, or have provided, and will maintain and promptly update the Membership Data and ensure that information provided is accurate, current and complete.
    4. will not, without prior written consent from FSTP, copy, edit, distribute, sell, resupply, or otherwise share the Content of the Website to any person who is not a Candidate.
  2. You must immediately notify FSTP of any unauthorised use of your account, login and/or password.
  3. You must ensure you completely sign out of your account at the end of every session where you use the Website, and ensure that all personal data has been deleted from the system.
  4. FSTP may, but is not obliged to, at any time request a form of identification to verify your identity and/or your compliance with these Terms.
  5. FSTP may record and store information relating to your Membership and personal information disclosed in your curriculum vitae or resume. FSTP reserves the right to disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or request from a Government authority. For further information, please read FSTP’s Privacy Policy.

5. Confidential Information

  1. You agree to keep the Confidential Information of FSTP and any other User confidential and to use or disclose such information only for the purposes as authorised by the owner of the Confidential Information.
  2. The obligations of confidentiality in clause 5.1 will not apply to information which:
    1. is generally available in the public domain except where such availability is as a result of a breach of these Terms;
    2. was known prior to the disclosure of the information by you; or
    3. is required to be disclosed by an applicable law or court order.

6. Intellectual Property Rights

  1. Nothing in these Terms constitutes a transfer of any Intellectual Property rights. You acknowledge and agree that, as between you and FSTP, FSTP owns all Intellectual Property rights in the Website.
  2. By using the Services and the Website, you grant FSTP a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, reproducing, changing, and communicating the Content to the public) and permit FSTP to authorise any other User to do the same thing if FSTP chooses to do this.
  3. You represent and warrant to FSTP that you have all necessary rights to grant the licences and consents set out in clause 6.2.
  4. You must obtain express written permission from FSTP if you wish to reproduce any aspect of the Website or other Intellectual Property owned by FSTP.

7. Termination and Suspension

  1. The Terms will continue in force until such time that they are varied or replaced, but FSTP may terminate the Terms or the Website at any time and without prior Notice.
  2. FSTP may suspend or terminate any User from using the Website without Notice.
  3. FSTP reserves the right to change or discontinue any service or feature on the Website in whole or in part at any time in its sole discretion.
  4. FSTP reserves the right to change pricing for any chargeable service or feature on the Website at any time, and will provide Notice in accordance with these Terms where the price is varied.

8. Limitation of Liability

  1. You will be responsible for and will indemnify FSTP against liability for all loss, damage or injury to persons or property caused by you and the amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by FSTP in respect of any such loss, damage or injury will be made good at your expense.
  2. FSTP shall not be liable to you in respect of any losses suffered or incurred by you arising out of or in connection with the provision of the Services.
  3. You shall be liable for any loss, damage or injury to any party or parties (including FSTP and other Users) resulting from your negligent acts, infringement of FSTP’s Intellectual Property or omissions through your use of the Services and shall indemnify and keep indemnified FSTP against any claim or claims made against it.
  4. FSTP reserves the right, but has no obligation, to monitor disputes between Users of the Website. You agree to hold FSTP harmless in connection with any dispute or claim that you make against any other User of the Website.
  5. Without limitation to the foregoing, you agree that FSTP’s maximum liability to you, if any, arising out of any kind of legal claim or action in any way connected to the Services or the Website will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Website purchased by you during the term of your Membership.

9. Disclaimer of Warranties

  1. You acknowledge that FSTP makes no representation or warranty:
    1. that your access to the Website (including any Third Party applications or payment platforms on the Website) will be timely, secure, uninterrupted and/or error-free;
    2. that any defects on the Website will be corrected;
    3. that any information disclosed on the Website will be accurate, up to date, complete or useful; or
    4. that the Website or the server which stores and transmits the Website to you is free from viruses or any other harmful components.

10. Assumption of Risk

  1. You agree and understand that you assume all risks when using the Website, including without limitation any and all of the risks associated with any online or offline interactions with other Users and all risk for any damage to your computer system or loss of data.
  2. You agree and acknowledge that the use of the Services and access to the Website does not guarantee to increase the chances that you will transition into a Medical Science Liaison.
  3. You expressly release FSTP, its employees, agents, and subcontractors, from any claim of misrepresentation which you have or may have against FSTP.

11. Indemnification

  1. You agree to indemnify and keep indemnified, FSTP, our employees, agents, and our subcontractors against any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal, and legal fees (on a solicitor and own client basis) which we pay, suffer, or are liable for in respect of:
    1. Any negligent act or omission of you, including (without limitation) you sharing your username and password for the Website with a third party;
    2. Any material which constitutes the transmission, dissemination, sale, storage or hosting of any material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
    3. Any act or omission of you, which causes damage to us in any way; and/or
    4. Any breach of these Terms.
  2. You agree to release us from any claim you have or may have had as a result of the use of our Website.

12. Advertisements and Promotion

  1. FSTP may run advertisements and promotions from a Third Party on the Website. Your correspondence or business dealings with, or participation in promotions of advertisers other than FSTP found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. FSTP is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of Third Party advertisers on the Website.