Terms and Conditions
Hereunder the organiser of event named the "OHE Masterclass Series" (the “Event Organizer”), has stipulated ‘Additional Terms’ that will be their own responsibility to which Open Audience Ltd will have no liability or connection. These Additional Terms will be separate to Open Audience Ltd’s Terms & Conditions stipulated thereafter and the Additional Terms thereof will by no means supersede or invalidate Open Audience Ltd’s Terms & Conditions. Where a conflict occurs between both of the aforementioned terms, Open Audience Ltd’s Terms & Conditions will prevail.
The OHE Terms and Conditions
Terms and Conditions
1. Acceptance of the Terms and Conditions of use of this website
By using our site, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using our site.
2. Information about us
www.ohe.org is operated by the Office of Health Economics (“OHE” or “We”).
The Office of Health Economics (OHE) (registered number 09848965) and OHE Consulting Ltd (a registered company number 09853113) are companies limited by guarantee registered in England and Wales. Both companies are registered office at 7th Floor Southside, 105 Victoria Street, London, SW1E 6QT. Our VAT number is 229 5431 03.
OHE is also a registered charity in England and Wales with a charity registration number 1170829.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is the Association of the British Pharmaceutical Industry (ABPI).
3. Accessing our site
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 site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to only those users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
When using our site, you must comply with the provisions of our acceptable use policy (see sections 10 and 11 below).
You are responsible for making all arrangements necessary for you to have access to our site.
The OHE promotes inclusion for all, regardless of disability, capability or technology. We have undertaken to use our knowledge and understanding of the ways in which different people access the Internet to develop a site that is clear and simple for everybody to use.
This site has been designed to be highly accessible and usable in accordance with the Web Content Accessibility Guidelines (WCAG v2.0) published by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C), available here: http://www.w3.org/TR/WCAG20/.
Should you have difficulty accessing information on any page of this site, please contact email@example.com, giving the URLs of the pages concerned and outlining your requirements. We will endeavour to supply the information to you in another form.
4. Intellectual property rights
We own or are the licensee of all rights, title and interest in and to the site and all of the content, software, code, data and other materials therein, and the look-and-feel, design and organisation of any aspect thereof, including any copyrights, trade mark rights and other intellectual property and proprietary rights contained therein All such rights are reserved.
Your use of the site does not grant to you ownership or title of, in or to any of the intellectual property and/or proprietary rights contained therein. Other than as set out in section 5, nothing contained in or provided through the site should be construed as granting any licence or right to use any intellectual property rights belonging to OHE or third parties, without the prior written consent of OHE or that of the third-party rights holder. The website is for your personal and non-commercial use only.
"OHE" (Trade Marks 1375523 and 1375526) and "Office of Health Economics" (Trade Mark 2399801) are UK registered trademarks of the Office of Health Economics, 7th Floor Southside, 105 Victoria Street, London, SW1E 6QT.
5. Using resources from and linking to the site
You may print off one copy, and may download extracts, of any page(s) from our site or from e-publications available free of charge for your personal non-commercial reference and you may draw the attention of others to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
5.1. Using the site as a reference work
If you wish to use the site or any of the materials on it as a reference work, you must not modify the materials in any way and you must always acknowledge our status (and that of any identified contributors) as author(s) of the materials.
Using extracts for other purposes (e.g. commercial)
If you wish to use the whole or any part of an OHE resource within your own documents or resources, you must obtain a licence to do so from us or our licensors. You are not permitted to republish any part of the site on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written consent.
5.2. Linking to the site
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy (see sections 10 and 11 below).
If you wish to make an application to OHE for use of any material published on our site please address your request to firstname.lastname@example.org.
6. Reliance on information posted
Materials posted on, and downloadable from, this website are not intended to amount to advice on which reliance should be placed. OHE disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the website, or by anyone who may be informed of its contents.
Information provided on this website has been provided in good faith and the OHE uses reasonable care to ensure the information is up to date. However, the OHE makes no representations or warranties as to the accuracy, completeness or currency of such information; although OHE may make reasonable efforts to correct any information it understands to be inaccurate.
7. Our site changes frequently
We aim to update our site regularly, and may change the content, layout and means of accessing certain functions on the site at any time. If the need arises, we may suspend access to any part of our site, or close it indefinitely, without prior notice. At any time the material on our site may be out of date, and we are under no obligation to update such material.
8. Our liability
The material displayed on our site, is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, OHE and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
o loss of income or revenue;
o loss of business;
o loss of profits or contracts;
o loss of anticipated savings;
o loss of data;
o loss of goodwill;
o wasted management or office time; and
o for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these Terms and Conditions seeks to exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
9. Hard-copy publications
9.1. Direct sales via the site
OHE resources and publications are available to download as e-copies free of charge.
You may order ready-printed and bound copies of OHE resources where available. There will be charges involved to cover the cost of producing the printed copies, packaging and shipping. The amount of any charges will be notified either on the site or on application. You should apply to purchase hard-copies by e-mailing us, unless otherwise specified on the website.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted; we will need to check whether the document(s) requested is/are available.
Your order constitutes an offer to us. Orders are accepted by us only when we take successful payment, at which point the contract between us (the “Contract”) will be formed, and the document(s) will be despatched to you.
Fourteen calendar days: cancelling the Contract
If you are contracting as a consumer, you may cancel the Contract at any time within fourteen calendar days from the date of contracting. To cancel the Contract, you must inform us in writing. You must also return the document(s) to us as soon as reasonably practicable, and at your own cost. Where you have cancelled the Contract between us in line with the above, you will receive a full refund of the charges paid for the document(s), plus any applicable delivery charges. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which we received notice of cancellation. We will usually refund any money received from you using the same method originally used by you to pay for the document(s).
You have a legal obligation to take reasonable care of the document(s) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
10. Acceptable use: uploading or posting material to our site
Whenever you make use of a feature that allows you to upload material to our site or to make contact with other users of our site, you warrant that any such contribution complies with these acceptable use standards.
Although we may from time to time monitor, moderate or review discussions, chats, postings, transmissions, bulletin boards, and the like on the site, we are under no obligation to do so and we assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, racism, discrimination, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information posted on the website.
We reserve the right at all times, in our absolute discretion, and without need to give notice or reason, to remove or delete or refuse to publish any material you submit for inclusion on this website, whether or not in actual or suspected breach of these Terms and Conditions of use.
In the event that you decide to submit any material for inclusion on the site (including without limitation any personal information, know-how, comments, ideas, questions, techniques, abstracts, web-links, photographs or similar), you agree:
1. That such material will be considered non-confidential and non-proprietary and that you have the right to publish such information without breaching any other person’s IP rights, including your employer.
2. To grant OHE a worldwide, perpetual, royalty-free, non-exclusive licence to use, copy, modify, adapt, distribute, publicly display, translate and disclose to third parties any such material for any purpose whatsoever without restriction.
3. To indemnify us in full for any loss it suffers as a breach of these Terms and Conditions of use by you or with your authority.
4. To grant a non-exclusive licence to all other users of the site to read and reproduce your point of view by printing it off or by referring to it elsewhere.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
Please note that once a posting has been made, unless you apply to the moderator to have the text you have submitted removed, or the moderator in their reasonable opinion decides to remove it in any event, the posting will remain freely available to other users of the site.
11. Unacceptable use of this site
You may only use the site for lawful purposes at all times and you shall not do anything which damages, interferes with, disrupts access to, interrupts or impairs the functionality of the website or inhibits other users’ use and enjoyment of the website. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
In particular you must not:
Post any content or any link to another site containing materials that is an advertisement or offer to sell goods or services
Misrepresent your identity or status or employer’s name
Remove or attempt to change the content of any materials posted by other parties
Post any material in a way that suggests it is authorised or endorsed or posted by the OHE
Use material posted by other parties to collect or process other people’s personal data
Knowingly, upload or send material that does not comply with our acceptable use standards
Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
Use the website in any way that breaches any applicable local, national or international law or regulation
Post or transmit any unlawful, fraudulent, threatening, libellous, defamatory, untrue, obscene, scandalous, inflammatory, harassing, menacing, racist, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability (such as but not limited to being in breach of confidence or privacy, or of any IP rights belonging to someone else including your employer), or otherwise violate any law.
Failure to comply with these terms constitutes a material breach of these Terms and Conditions and may result in OHE taking all or any of the following actions as we deem appropriate:
Immediate or future, temporary or permanent withdrawal of your right to use the site
Immediate or future, temporary or permanent removal of any posting or material uploaded by you to the site
Issue of a warning to you
Legal proceedings against you for reimbursement of all costs and damages on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
Further legal action against you and
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12. Viruses, hacking and other offences
You must not misuse our site by knowingly introducing malware, viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
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 site will cease immediately.
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 site or to your downloading of any material posted on it, or on any website linked to it.
13. Links from our site
We reserve the right to terminate any link or linking program at any time. We do not endorse companies or products to which we link and we reserve the right to note as such on the site. If you decide to access any of the third party websites linked to our site, you do so entirely at your own risk.
Open Audience Ltd Platform Terms and Conditions
1.1. The definitions and rules of interpretation in this clause apply in these terms.
Authorised Users means those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services and the Documentation.
Customer means the person or business which purchases the Services from the Operator.
Customer Data means the data inputted by the Customer, Authorised Users, the Operator or Open Audience Ltd on the Customer's behalf for the purpose of using the Services or facilitating the Customer's use of the Services including blog posts of the Customer posted on the Customers website.
Documentation means the Open Audience Ltd documentation made available to the Customer online via https://Open Audience Ltd.com/ or such other web address notified by Operator or Open Audience Ltd to the Customer from time to time which sets out a description of the Services and the user instructions for the Services.
Open Audience Ltd means Open Audience Ltd registered at Engagement House, 52 Billet Lane, Berkhamsted under company number 07143477.
Open Audience Ltd Marks means any trademarks, service marks, service or trade names, logos, and other designations of Open Audience Ltd and its affiliates that we may make available to you in connection with this Agreement.
Operator means the Open Audience Ltd customer from whom the Customer has purchased / secured the Services.
Platform means the digital resource provided by Open Audience Ltd to the Operator to allow the Operator’s Customers to run and participate in online summits.
Services means provision of the Open Audience Platform.
Software means the online software applications provided by Open Audience Ltd as part of the Services.
User Subscriptions means the user subscriptions purchased by the Customer which entitle Authorised Users to access and use the Services and the Documentation in accordance with these terms.
Virus means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
2. User subscriptions
2.1. Subject to the Customer purchasing User Subscriptions, the restrictions set out in this clause 2 and the other terms and conditions of these terms, Open Audience Ltd hereby grants to the Customer a non-exclusive, non-transferable right, without the right to grant sublicences, to permit the Authorised Users to use the Services and the Documentation during the Subscription Term solely for the Customer's internal business operations.
2.2. In relation to the Authorised Users, the Customer undertakes that:
2.2.1. the maximum number of Authorised Users that it authorises to access and use the Services and the Documentation shall not exceed the number of User Subscriptions it has purchased from time to time;
2.2.2. it will not allow or suffer any User Subscription to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Services and/or Documentation;
2.2.3. each Authorised User shall keep a secure password for his use of the Services and Documentation, that such password shall be changed no less frequently than monthly and that each Authorised User shall keep his password confidential.
3. Conditions of use of the Services
3.1. The Customer shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:
3.1.1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
3.1.2. facilitates illegal activity;
3.1.3. depicts sexually explicit images;
3.1.4. promotes unlawful violence;
3.1.5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
3.1.6. is otherwise illegal or causes damage or injury to any person or property; and Open Audience Ltd reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer's access to any material that breaches the provisions of this clause. Open Audience Ltd is not obliged to remove or recognise such content contained in any material or Customer Data and the Customer shall be fully liable for the same.
3.2. The Customer shall be responsible for ensuring that content of the Customer Data is satisfactory for publication to Third Party Social Sites and is in compliance with clause 3.3 above.
3.3. The Customer shall indemnify Open Audience Ltd against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Open Audience Ltd arising out of or in connection actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with publication of the Customer Data.
3.4. The Customer shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these terms:
3.4.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or
3.4.2 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
3.4.3 access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation; or
3.4.4 use the Software, Services and/or Documentation to provide services to third parties; or
3.4.5 license, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit Services and/or Documentation except as permitted under the Agreement.
3.4.6 attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under this clause 3; and
3.5. The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify Open Audience Ltd.
3.6. The rights provided under this clause 3 are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company of the Customer.
4. Proprietary rights
4.1. The Customer acknowledges and agrees that Open Audience Ltd and/or its licensors own all intellectual property rights in the Services, Software and the Documentation. Except as expressly stated herein, the Customer is not granted any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.
4.2 All licenses granted to the Customer are conditional on the Customer’s continued compliance with these terms, and will immediately and automatically terminate if the Customer does not comply with any term or condition of this Agreement. During and after the Subscription Term, the Customer will not assert, nor will the Customer authorize, assist, or encourage any third party to assert, against us or any of Open Audience Ltd’s affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services, Software or Documentation The Customer is not allowed to use Open Audience Ltd Marks without prior written consent from Open Audience Ltd.
4.3. Open Audience Ltd confirms that it has all the rights in relation to the Services and the Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of these terms.
5. Governing law
These terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).
Event by Open Audience Ltd © Copyright 2021 OHE. All rights reserved.