Terms Of Use

1. Introduction

1.1 These Terms & Conditions of Use (“Terms of Use”) (together with our Privacy Statement and any other documents referred to on it) tell you, all users and visitors the terms of use on which you may access and/or make use of our website located at https://members.simcyp.com (“Our Website”), whether as a guest or a Member.

1.2 Please read these Terms of Use carefully before using Our Website. By using our Website, you (“the User”) agree to be legally bound by the Terms and Conditions. If you do not agree to these Terms of Use, please refrain from using Our Website.

1.3 Our Website is owned and operated by Certara UK Limited, (“Certara UK”, “our”, “we”, or “us”), Company Number 4217235 of One London Wall, 6th Floor, London, EC2Y 5EB, UK. Telephone +44 (0)114 460 0200 and Facsimile +44 (0)114 478 5600.

1.4 We may alter these Terms of Use from time to time and post the new version on Our Website. You must check these Terms of Use on Our Website regularly to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on Our Website.

2. Equipment and Software

2.1 The User will obtain and maintain at its own cost and shall be responsible for, to the exclusion of Certara UK, all software, telecommunications and other services, computers and any other hardware and any ancillary software required to enable the User to access and use Our Website.

2.2 The User agrees to comply with all rules, regulations, terms and conditions and conduct policies of any telecommunications provider, systems, services or software provider required to facilitate access to Our Website.

3. Viruses, hacking and other Offences

3.1 You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of service attack.

3.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website will cease immediately.

3.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Website or to your downloading of any material posted on it, or on any website linked to it.

4. Access

4.1 To access pages within Our Website, Certara UK requires the User to register as a Member with a specific password.

4.2 The User is responsible to keep confidential the user identification and password. If the User becomes aware of any unauthorised access the User agrees to immediately notify Certara UK.

4.3 The User shall be entirely responsible for all access to Our Website where access is facilitated by the User’s identification and password whether such access is with or without the User’s consent.

4.4 Certara UK will not be liable under any circumstances for any unauthorised access whatsoever to the User’s information or material posted on the Internet.

4.5 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on Our Website without notice. We will not be liable if for any reason Our Website is unavailable at any time or for any period.

4.6 Certara UK shall have the right in its sole discretion to refuse to register the User or to terminate the User’s access for whatever reason. From time to time, we may restrict access to some parts of Our Website, or our entire site, to Users who have registered with us.

5. On-line Conduct and Content

5.1 The User agrees to use Our Website at all times in accordance with the laws, rules, regulations and conduct policies of the country of Certara UK, the User or recipient and in accordance with international conventions, regulations, licences and codes of practice.

5.2 Commentary, advertising, entries and other materials posted on Our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User of Our Website, or by anyone who may be informed of any of its contents.

5.3 The content on Our Website is provided without any guarantees, conditions or warranties as to its accuracy, quality of information, completeness or usefulness. You agree that you must evaluate, and bear all risks associated with, the use of any content on Our Website, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you may not rely on any content posted on Our Website.

5.4 Certara UK will not be responsible or liable for the content of information uploaded, transmitted, shared or published on Our Website or for any use of such content and information. Certara UK is not responsible for the accuracy, quality and/or functionality of such information.

5.5 You acknowledge and agree that Certara UK does not verify and shall be under no obligation whatsoever to oversee, monitor, moderate or review any content contained on Our Website and/or on the Certara UK server belonging to the User or otherwise unless directed to do so pursuant to applicable law.

5.6 Certara UK reserves the right to inspect information provided by the User on the Certara UK website including content in the User’s files, e-mails, postings or website in order to ascertain compliance with these Terms of Use and may do so without prior permission or authority from the User.

5.7 If Certara UK, in its sole judgment, reasonably believes that the content in the User’s files, e-mails, postings or website is or may be considered to be pornographic, defamatory, misleading, deceptive or otherwise infringes any third party rights or is in breach of any laws, regulations, international conventions, licences or policies, Certara UK without liability to the User may remove that content from the Certara UK’s server immediately.

5.8 You must not use any part of Our Website for commercial purposes without obtaining our permission.

6. Availability

6.1 Certara UK will use its reasonable endeavours to provide Our Website on a continuous basis subject to the following:

6.1.1 The User acknowledges that the Internet or Certara UK’s systems, servers and equipment may from time to time be inoperative in full and in part as a consequence of, but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other factors beyond the control of Certara UK; and

6.1.2 Certara UK will not be liable for its failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.

6.2 Where Our Website is inoperative, in full or in part, for reasons within Certara UK’s control Certara UK will use its reasonable endeavours to rectify faults or problems to restore the system to full operational capacity as soon as reasonably practicable.

7. Limitation of Liability

7.1 The User acknowledges that Our Website is provided on an ‘as is’ and ‘as available’ basis. Certara UK gives no guarantee, condition, warranty, undertaking or representation to the User, whether express or implied, in respect of the suitability, accuracy, quality of information, completeness, usefulness or fitness for purpose of Our Website. This does not effect any statutory or other right available to the User.

7.2 Nothing in this Agreement excludes or limits the liability of Certara UK for death or personal injury caused by the Certara UK’s negligence or for fraudulent misrepresentation.

7.3 In relation to the use, inability to use or results of use of Our Website or any websites linked to it or material, content or information posted, uploaded, downloaded, shared or published on or from it, Certara UK shall not be liable to the User or any third party whether arising under contract or in tort (including negligence or breach of statutory duty), misrepresentation or howsoever arising, for any losses including direct, indirect or consequential loss. ‘Consequential Loss’ shall for these purposes mean i) pure economic loss; ii) loss of profits (whether categorised as direct or indirect); iii) losses arising from business interruption; iv) loss of business revenue, goodwill, anticipated savings; v) losses whether or not occurring in the normal course of business, wasted management or staff time; and vi) loss or corruption of data.

8. Warranties

8.1 Certara UK warrants that:

8.1.1 it has obtained and will use its reasonable endeavours to obtain consents, licences, agreements and other permits necessary to provide the Certara UK Services; and 8.1.2 will not knowingly infringe the intellectual property rights of any third party; 8.1.3 it will comply with its obligations under the General Data Protection Regulations.

8.2 The User warrants to Certara UK that:

8.2.1 it is not relying on any representation made by Certara UK which has not been expressly set out in these Terms of Use;

8.2.2 it shall install computer virus protection software of not less than industry standard, and take all other reasonable steps from time to time during the duration of this Agreement to ensure that any software used in connection with Our Website, and any material or data provided to Certara UK will be free from any computer virus and will not damage or corrupt any other data or system; and

8.3 Certara UK shall not be liable for defects resulting from improper use of the Our Website by the User or by another third party.

9. User's Undertakings

9.1 The User undertakes:

9.1.1 not to engage in unauthorised spamming or otherwise distribute material without the receiver’s consent or in accordance with applicable law;

9.1.2 to maintain the confidentiality of access names and passwords provided by Certara UK to the User;

10. Indemnity

10.1 The User agrees to indemnify and undertakes to keep indemnified Certara UK, its officers, servants and agents against any costs or expenses (including the cost of any settlement) arising out of any claim, action, proceeding or demand that may be brought, made or prosecuted against Certara UK arising out of or as a consequence of an unlawful or negligent act or omission or an infringement of any third party rights which arise out of or are connected in any way with its use of Our Website.

10.2 The indemnity extends to and includes all costs, damages and expenses reasonably incurred by Certara UK in defending any such action, proceeding claim or demands.

11. Intellectual Property

11.1 The User agrees that any works, items, materials, software or information produced or developed by Certara UK or under Certara UK’s direction pursuant to or in the course of providing Our Website shall remain the property of Certara UK including but not limited to all intellectual property rights and that these Terms of Use do not have the effect of transferring ownership of such rights in any circumstances.

11.2 The User may make only so many copies of the pages on Our Website as are reasonably necessary for operational security and use. The User shall ensure that all such copies bear Certara UK’s proprietary notice.

11.3 The User undertakes not to translate, adapt, vary, modify, disassemble, decompile or reverse engineer Our Website.

12. Suspension and Termination

12.1 We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of Our Website. When a breach has occurred, we may take such action as we deem appropriate.

12.2 A material breach of these Terms of Use may result in our taking all or any of the following actions:

13. Links from our site

Where Our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. Information about you and your visits to our site

We process information about you in accordance with our Privacy Statement. By using Our Website, you consent to such processing and you warrant that all data provided by you is accurate.

15. Law

This Agreement is governed by the laws of England and the parties shall submit to the exclusive jurisdiction of the English Courts.

16. Your concerns

If you have any concerns about material which appears on Our Website, please email Certara UK at [email protected] or telephone +44 (0) 114 460 0200.

Thank you for visiting our site.