Terms and Conditions
Terms and Conditions of Use
These Terms and Conditions of Use apply solely to access and use of Research Manitoba's RITHIM Harmony portal for applicants and reviewers (collectively, the “Website”).
This Website forms part of the Infonetica Ethics Review Manager software application, which is also known as Ethics RM and/or ERM, and which has been licenced to Research Manitoba. The Ethics RM software and web services are provided by Infonetica Ltd. (“Infonetica”).
References in these Terms and Conditions of Use to "we", or “our” are to Research Manitoba and/or Infonetica.
References in these Terms and Conditions of Use to “you”, “your” or “the user” are to any individuals accessing or using the Website.
By accessing the Website, the user agrees to these Terms and Conditions of Use and the Website's Privacy Policy and understands that Research Manitoba and/or Infonetica may process the information you provide through your use of the Website (including personal information, if applicable).
Research Manitoba and Infonetica provide the Website to you without any conditions, warranties or guarantees (whether express or implied), including but not limited to any implied warranties or conditions as to the satisfactory quality of fitness for a particular purpose, which are expressly excluded to the extent permitted by law.
The Website includes services and products which are provided by a third party, Infonetica. As a result, you acknowledge that your use of the Website may be subject to additional terms and conditions which apply to Research Manitoba’s (and your) access to the Website, from Infonetica.
Your use of the Website
You may only use the Website for lawful purposes related directly to the use of the RITHIM Harmony portal for applicants and reviewers. You may not use, and shall take all reasonable steps to ensure that no other person uses, the Website in a way that does not comply with the terms of any contract agreed between Research Manitoba and Infonetica, any laws that are applicable to you or that is in any way unlawful.
You agree:
- To comply with any legal notices contained on the Website;
- To respect and comply with the legal rights of others, in particular our rights (including our rights in copyright and trademarks), and the rights of our licensors;
- Save where acting as agent or employee of a third party in connection with an application on this Website, not to use this Website for any personal commercial gain, nor to sell or trade in any of the content or other material copied or downloaded from this Website without our express written permission;
- To not upload or otherwise incorporate personal information or personal health information about a research participant into the Website. In the event that this information is inadvertently uploaded or incorporated, you agree to immediately notify Research Manitoba;
- To maintain the confidentiality of the information and/or documents contained in the Website.
Liability Statement
Research Manitoba and Infonetica try to make sure that all information on the Website is correct, and (without giving any warranty or undertaking in this regard) Research Manitoba will and will procure that Infonetica will use reasonable care and skill to do so. However, subject to the paragraph entitled ‘Exclusions by Law’ below, neither Research Manitoba nor Infonetica accept liability for any error or omission and exclude all liability, either jointly or severally, for any action you may take or loss or injury you may suffer (whether direct, indirect or any consequential or special loss) howsoever arising (including as a result of negligence) out of or in connection with the use of this Website.
Exclusions by Law
Nothing in these Terms and Conditions of Use or the Website's Privacy Policy shall or shall be deemed to exclude or limit liability for death or personal injury caused by Research Manitoba or Infonetica’s own negligence or for any fraud perpetrated by Research Manitoba or Infonetica.
For the avoidance of doubt, to the extent that Research Manitoba or Infonetica are liable by operation of the above Exclusions by Law paragraph, such liability shall be several and not joint.
Availability of the Website
Research Manitoba and Infonetica make reasonable endeavours to ensure that the Website is generally available, but neither makes any representation nor guarantee as to such availability. Neither Research Manitoba nor Infonetica take responsibility for and will not be liable for the website or any interfaces with other systems being temporarily unavailable or resulting in loss or corruption of data due to technical issues beyond the reasonable control of Research Manitoba and Infonetica.
Privacy
Any information generated by you visiting the Website will be handled in accordance with these Terms and Conditions of Use, the Website's Privacy Policy, any agreement(s) agreed between Research Manitoba and Infonetica, and where applicable the UK GDPR and the Data Protection Act 2018 and other applicable privacy laws.
By using this Website, you agree to maintain the confidentiality of the documents and information you access. Any unauthorized use of the content of the Website is prohibited, including reproduction and/or dissemination of the content for unauthorized purposes and/or by or to unauthorized users.
Virus protection
While Research Manitoba and Infonetica make reasonable efforts to check and test material at all stages of production, Research Manitoba and Infonetica are unable to guarantee that the Website will never be faulty, free of viruses and/or errors, nor that it will work continuously, nor that it will be maintained in a fully operational condition.
It is always wise for you to run an anti-virus program on all material downloaded from the internet. Research Manitoba and Infonetica cannot accept any liability for any loss, disruption or damage to your data or your computer system, which may occur whilst you are using the Website or material derived from the Website.
Users must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Website users must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. Users must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
If you breach this provision, you may have committed a criminal offence under the Computer Misuse Act 1990 and / or other applicable laws. Research Manitoba and/or Infonetica may report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing the website user’s identity to them. In the event of such a breach, the user’s right to use the Website will cease immediately.
Changes to the Website
We may make changes to and means of accessing the Website at any time and without prior notice. If the need arises, Research Manitoba and Infonetica reserve the right to suspend access to or close the Website permanently without prior notice. Whilst every effort is made to keep the Website up to date, any of the material on the Website may be out of date at any given time.
Copyright and intellectual property
You acknowledge that all rights in copyright, patents, design rights, trademarks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world ("IP Rights") in the Website (including all content) are owned by Research Manitoba and/or its licensors for the full duration of such rights.
Except for your use of the Website in accordance with these Terms and Conditions of Use and the Website's Privacy Policy, you are granted no IP Rights in respect of the Website or its content.
As an individual or organization, you may print paper copies and make copies to your hard drive of any of the names, images and logos identifying the Website provided that in doing so you comply with the following conditions:
- You must ensure that the resource which you copy is used for research, training, private study or information only and is not used for direct commercial gain; and
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way; and
- You must ensure that the Website is referred to as the source of the resource that you have copied; and
- You must not change any of the text or images contained in this Website or merge it with any other text or images, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content.
Amending these Terms and Conditions of Use and/or the Website's Privacy Policy
From time to time, Research Manitoba may, at its sole discretion, amend these Terms and Conditions of Use and/or the Website's Privacy Policy. Your continued use of the Website constitutes your acceptance of and agreement to any changed Terms and Conditions of Use and/or the Website's Privacy Policy. Research Manitoba will ensure that details of any such changes are posted on the Website in a timely manner.
Enforceability
If any provision of these Terms and Conditions of Use is held to be invalid, unlawful or unenforceable to any extent, such provision shall not affect the validity, legality and enforceability of the other provisions of these Terms and Conditions of Use.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, the use of this Website which is made by or against Infonetica. The Manitoba courts will have exclusive jurisdiction over any claim arising from, or related to, the use of this Website which is made by or against Research Manitoba.
These Terms and Conditions of Use, the Website's Privacy Policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England, in respect of disputes or claims brought by or against Infonetica, and the laws of Manitoba and the laws of Canada applicable therein, in respect of disputes or claims brought by or against Research Manitoba.