Terms and Conditions
1.1 These Terms and Conditions govern the use of the Meteor Application.
1.2 These Terms and Conditions are available in English only. You may only log in and use the Meteor Application if you agree with these terms and Conditions. By entering your username and password you indicate your acceptance with these terms and Conditions. After entering a valid username and password you will get access to the Meteor Application.
1.3 If you do not agree with these Terms and Conditions, you may not enter username and password and you may not use the Meteor Application.
1.4 If you enter the wrong username and/or password, you may retry, up to three times.
1.5 The Foundation will not archive the agreement which comes in force by your acceptance of these conditions.
The following capitalized words have the following meaning:
2.1 Applicable Law
All laws and regulations, including regulations from any supervising body, which apply to the execution of the Rheumatology Project in the country where User performs his rheumatologist activities and uses the Meteor Application.
The foundation under Dutch law Stichting Merit, PO Box 9600, 2300 RC Leiden, The Netherlands.
2.3 Rheumatology Project
The project run by the Foundation which aims to improve treatment of rheumatism in general, by
(a) systematically measuring the characteristics of the disease of patients with rheumatic complaints;
(b) the global collection of characteristics of disease, treatment methods and further information in connection to rheumatic disorders;
(c) making available the Meteor Application;
(d) storing, structuring, "benchmarking" and making available the anonymised data for consultation;
(e) making available the collected anonymised data to professionals who are directly or indirectly involved in the care for patients with a rheumatic disorder;
(f) any other means to be determined by the Foundation from time to time.
2.4 Meteor Application
The software to be used in connection with the Rheumatology Project which inter alia enables User to feed information in connection with the rheumatic disorders of his/her patients into the central database of the Foundation.
2.5 Terms and Conditions
These Terms and Conditions.
The user of the Meteor Application.
3. USE METEOR APPLICATION
By accepting these Terms and Conditions User is granted the right to use the Meteor Application in connection with the Rheumatology Project during his log-in session. If the User does not accept these Terms and Conditions, User may not use the Meteor Application.
4. OBLIGATIONS USER
4.1 User must inform (or have informed) the patients whose data he uses in connection to the Rheumatology Project of the use of their data for the project.
4.2 User will perform its activities in full compliance with Applicable Law and generally accepted ethical standards.
4.3 Whenever the participation in the Rheumatology Project would violate Applicable Law or would be subject to any approval, review, license or other requirement under Applicable Law, User will inform the Foundation accordingly.
5. COUNTRY LEAD AND COORDINATORS
User is aware of the fact that the Foundation has appointed a country leads and/or coordinators who may supervise and manage the relationship between the Foundation and User and User's participation in the Rheumatology Project.
6. EXCLUSION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall be taken to exclude or limit either party's liability for death or personal injury caused by that party or liability for damages caused by willful misconduct or gross negligence of that party.
6.2 User understands and agrees that the Foundation promotes, implements, organizes and executes the Rheumatology Project using reasonable care, but that the Foundation does not make any representations as to the effect, success or term of the Rheumatology Project, which inter alia depend on the cooperation of third parties, the functioning of third party hardware and software, availability and capacity of telecommunication networks, Applicable Law and other occurrences or circumstances beyond the reasonable control of the Foundation. Because of the foregoing and because of the fact that the Foundation is not a commercial organisation, has only limited funds and is dependent on voluntary contributions of third parties, the Foundation - with the exception of the liability as meant in clause 6.1 above, which is neither excluded nor limited by these Terms and Conditions in any way - to the extent permitted by the Applicable Law - excludes all liability whatsoever in respect of the Rheumatology Project, the Meteor Application and these Terms and Conditions, irrespective the legal basis thereof or whether or not it was foreseeable, and in no event will be liable for consequential damages such as damages due to lost profits, loss of reputation or loss because of wasted efforts.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 User has no right whatsoever to copy or modify the Meteor Application in any way or to use it for any purposes other than those explicitly stated in clause 3 and these Terms and Conditions.
7.2 These Terms and Conditions do not cause any change of ownership of the data to be put in the rheumatologist database and does not restrict the originator of the data in any way in the use of these data.
7.3 Notwithstanding the foregoing, all database rights in the rheumatology database of the Foundation vest in the Foundation. Insofar as necessary User will transfer any database rights in the database to the Foundation, which accepts these rights. User at no cost and at first request will cooperate with the Foundation to transfer any such right to the Foundation. Unless agreed otherwise in writing, User will not have any license to use the database. This clause does not limit clause 7.2 in any way.
8. AVAILABILITY AND TERMINATION
8.1 The Foundation does not represent that the Meteor Application is error free, will operate uninterrupted or is available each time User logs in. The Foundation does not represent that it will maintain the Meteor Application in the future and reserves the right to stop offering the Meteor Application. Therefore User should not rely on the availability of the Meteor Application for the storage of the relevant data.
8.2 The Foundation has the right, at its sole discretion, to limit or terminate User’s right to use the Meteor Application and/or to remove the data entered by User when:
(a) User breaches Applicable Law
(b) the Rheumatology Project is (party) terminated, by Foundation.
8.3 Under no circumstances the Foundation shall be liable for any compensation whatsoever when exercising any of the rights described in clause 8.2.
9. PERSONAL DATA
The Rheumatology Project is based on the use of aggregated, anonymous medical data, which does not identify individual patients. The Foundation encrypts all data elements contained in the database except for the client identification number. User may not feed any personal data (information which identifies or may identify one or more of the patients in the database) and will anonymise all data that he adds to the database. In addition the User will keep all codes and passwords he uses in connection to the Meteor Application strictly confidential.
10.1 If any provision in or any part of these Terms and Conditions is or becomes invalid, non-binding or unenforceable, the parties shall remain bound to the remaining part. The Foundation shall replace the invalid or non-binding provision with another provision the effect of which given the contents and purpose of these Terms and Conditions, is, to the greatest extent possible, similar to that of the invalid or non-binding part.
10.2 User is an independent contractor. Parties do not intend to enter into an agency agreement or employment agreement. Parties do not intend to vest a relationship of authority between the Foundation and User. User has no authority whatsoever to represent the Foundation, to assume any obligation of any kind on behalf of the Foundation or to bind the Foundation in any respect whatsoever.
10.3 User should continue to follow his/her current practices with respect to reporting of any (serious) adverse events.
11. GOVERNING LAW AND COMPETENT COURT
11.1 These Terms and Conditions are exclusively governed by the laws of the Netherlands.
11.2 Any disputes arising from or related to these Terms and Conditions shall in first instance be submitted exclusively to the competent court in Amsterdam, or, when the Foundation is claimant and to the Foundation's sole discretion, to the court having jurisdiction over the place of residence of User.