PLEASE READ OUR STANDARD TERMS OF USE (“ToU”) PRIOR TO CONTINUING WITH THE SURVEY. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, PLEASE DO NOT PROCEED WITH THE SURVEYS.
MDforLives (“MDFL”) is a platform instituted and provided by Borderless Access Private Limited (“Company”) with an intent to allow health care professionals to participate in market research surveys (“Surveys”) and share their opinions/insights.
By participating in a Survey, you undertake to abide and agree to be bound by these general user conditions set by the Company. If you are a French healthcare professional or relevant professional of the health sector as defined under the French public health Code, please refer to Section 7 below, which sets forth specific terms applicable to you as a French healthcare professional.
Without exception, before taking a Survey, by clicking on the check box below, you agree to accept these general conditions beforehand, the purpose of which is to define the terms under which you benefit from the Surveys.
IF YOU OBJECT TO ANY OF THE TERMS MENTIONED HEREIN, KINDLY DISCONTINUE PARTICIPATION IN THE SURVEYS WITH IMMEDIATE EFFECT.
- 1. Use of the Surveys and the Contract between Us
- 1.1 In this Agreement the terms “you” and “the member” mean the individual completing the Survey as a Panellist of MDFL program.
- 1.2 You agree to only use this website and the App, in accordance with this Agreement and all applicable laws.
- 1.3 The offer by the Company to take part in the Surveys sent by MDFL and your acceptance of that offer by providing the information that we request, brings into existence a legally binding contract between us which shall be governed by the terms and conditions mentioned herein under and any supplemental policies which Company has in place.
- 1.4 This Agreement is a contract for participating in the Surveys and nothing in this Agreement shall create or be deemed to create a legal partnership or the relationship of agent and principal or the relationship of employer and employee between you and the Company.
- 2. Payments
All remuneration to be paid to you shall be received post completion of each Survey and shall be made in the form of electronic gift Vouchers which will be informed to you in advance.
- 3. DISCLAIMER
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE PARTICIPATING IN THE SURVEY OR USING THE MATERIALS. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE COMPANY) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
- 4. Personal Identifiable Information (PII)
Additionally, the Company may be required to submit your (PII) for regulatory transparency compliances and in case of adverse event (if any) to governmental authorities, hence you agree and consent to sharing of such information. This also applies in France, as outlined under Section 7 below.
- 5. Entire Agreement
This TOU between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof.
- 6. Term
This Agreement shall be valid for the calendar year being 1st of January to 31st of December. In case the Surveys you have taken reaches the upper limit of EUR 2000 or 30 Surveys per year we would get this Agreement re-executed.
- 7. Specific transparency rules for French users
If you are a French healthcare professional or any relevant professional in the health sector under the provisions of Article L. 1453-1 and following of the French public health Code (“HCP”), you are bound by the provisions of this Section.
- 7.1 Antikickback Law
This agreement is subject to Articles L.1453-3 et seq. and R.1453-14 et seq. of the French Public Health Code on the prohibition of advantages between the private sector and health professionals.
Please note that your acceptance of the Terms of Use in order to participate in our Surveys shall also be subject to prior submission to the competent authority.
In addition, you may be required to disclose the contractual terms signed with us to the relevant HCP Department Council in accordance with the provisions of Article L. 4113-9 of the French public health Code.
- 7.2 Mandatory disclosures for transparency purposes
You are informed that your involvement in the Survey in order to share your medical expertise and participate in the development of innovative medical products will be subject to the requirements provided for in Article L. 1453-1 and following of the French public health Code relating to the transparency of links of interest and benefits offered to healthcare professionals. This notably involves that Borderless Access discloses the existence of the contractual terms signed with you as well as any remuneration granted to you on the basis of these terms, in accordance with French law.
- 7.3 Details of services
The remuneration will not exceed a net hourly rate of €200 and €2000 net for the entire contract.
- 7.4 Jurisdictions and Law
The parties irrevocably agree that the courts in France shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the France courts.