Grant Terms and Conditions

Last Updated: 14/11/2022

These Terms and Conditions of Use constitute and form part of an agreement relating to applications for grants between you and the Caduceus Foundation. They are in addition to theterms & conditions set out on the website (“our Site”). In using our Site you are deemed to accept these Terms and Conditions together with the terms and conditions set out on our Site (together “the Terms”).

The Caduceus Foundation (“Foundation,” “we,” “us,” or “our”) governs your use of our Site. The words “user,” “you,” and “your” refer to entities or individuals that access or use our Site. The Terms do not alter in any way the terms or conditions of any other agreement you may have with us.

1. Eligibility

In accessing our Site, you represent and warrant that (a) you are at least 18 years of age (or over the age of majority in the state or country where you reside, and (b) if you are using our Site on behalf of an entity, you are authorised to accept the Terms on behalf of that entity.

2. Your Application and Use of our Site

In accessing our Site and submitting or commencing to submit any application for a grant or raising enquiries in relation thereto (“your Application”) you accept that the Grants Program Public Handbook (“the Handbook”) sets out the process for the submission and considerationof your Application.

In submitting your Application:

(a) You accept the provisions of the Handbook and will comply fully with the General Guidelines set out in the Handbook;

(b) You have read and understand the process for submission and will observe, perform and comply with the terms thereof;

(c) All submissions, statements, documents, data and other materials you make or submit in support of your Application must be complete, accurate and not misleading in any way. You are solely responsible for the content thereof;

(d) The consideration and determination of your Application is at our absolute discretion. Ourdecision is final and binding. Whilst there is no obligation on us to raise further enquiries in relation to your Application we will do so in order to assist you in your Application;

(e) You will respond promptly, fully, openly and honestly to any enquiries raised in relation to your Application;

(f) On the determination of your Application you will be informed of the outcome which you will accept. Whilst we will respond constructively to any enquiries you may make in relation to your Application and the outcome thereof there is no obligation on us to do so.

Our Site may contain information, data, text, software, sound, photographs, graphics, video, messages, instructional documents and other materials (“Content”) which is the sole and exclusive property of the Foundation or its licensors. Whilst you comply with the Terms we grant to you a limited, non-exclusive, non-transferrable license to access and use the Content and our Site solely for your own purposes. Save as permitted by the Terms, you may not download, upload, copy, sell, print, rent, distribute, transmit, broadcast, modify, perform, display, transfer, post, create derivative works of, exploit, sublicense or otherwise assign to any third party our Site or Content or any part or parts thereof.

In addition, you must not:

● Interfere with, or attempt to disable, or otherwise circumvent any rights, authentication, or security system used as part of our Site or Content;

● Infringe, misappropriate, or violate the intellectual property, proprietary, or privacy rights of any third party;

● Use our Site or Content for any purpose or in any manner that is unlawful or violates any applicable local, state, national, or international law;

● Provide our Site, or Content to the public or otherwise make available any links, or otherwise grant access (other than a “bookmark” from a web browser) to our Site, or any part thereof;

● Use our Site or Content in such a way that may suggest you are a representative of us, or;

● Cause damage to our business, reputation, employees, members, facilities, or to any other person or legal entity;

● in any way be in breach of any of the said Terms.

We reserve the right to monitor and exercise all other rights of ours, and to modify or removeany Content or part or parts thereof at any time, but do not undertake any duty to do so.

3. Intellectual Property

Our Site and Content are protected by copyright, trademark, patent, and other intellectual property laws. We or our licensors own all rights, and intellectual property rights in and to our Site and Content. All rights not expressly granted to you are reserved. You may not use any of our trademarks, logos or other designs without our express prior written consent.

4. User Contributions

In the process of a grant application you may provide photographs, images, information, comments, data, text, or other materials, all or some of which may be posted in public areas of our Site or transmitted to other users of our Site or third parties. Any such material posted on our Site and transmitted to others is at your own risk.

You are solely responsible for anything posted on our Site.

5. Submissions

You may receive information, comments, feedback, recommendations, and/or other enquiriesfrom us. Such enquiries are expressly subject to the disclaimers and limitations of liability setout in the Terms.

6. Privacy Policy

Please refer to our Privacy Policy.

7. Disclaimer of Warranties

To the maximum extent permitted by applicable law, our Site and Content and any user contributions are provided “as is,” “with all faults” and “as available” and the entire risk of use and performance remains with you. We do not warrant that our Site, Contents or contributions contain accurate information or will be free from bugs, defects or errors, or accessible without interruption.

8. Disclaimer of Damages

In no event will we be liable for any consequential; special; incidental; indirect or punitive damages; for loss of profits, business, goodwill, anticipated savings, or use; loss or corruptionof data, confidential information, or other information; business interruption; personal injury; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to our Site, the Content, or the Terms.

9. Indemnification

To the maximum extent allowed by applicable law, you agree to defend, indemnify, and hold us harmless, from and against all claims, proceedings, losses, liabilities, and expenses, including legal fees and costs, whether in tort, contract or otherwise, relating to, arising from, or allegedly arising from (a) your use of our Site, the Content, and/or any products or servicesprovided by us (b) any violation of the Terms or applicable law.

10. Changes to Terms

We reserve the right to change the Terms at any time upon notice to you which may be provided by any legally permissible means including by updating the Terms and posting themon our Site. You agree to periodically review the Terms to check for changes. Your continueduse of our Site indicates your acceptance of the updated Terms, even if you have not reviewed them.

11. Termination

We may, at our absolute discretion. suspend access or terminate your use of our Site or suspend or cancel your Application at any time and without prior notice. We may suspend or terminate our Site at any time and without prior notice and take whatever action we deem necessary to preserve the integrity of our Site and the Contents.

12. Force Majeure

We are not liable or responsible to you and will not be in default or breach for any failure or delay when caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasionor hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes or telecommunication breakdown or power outage.

13. General Terms

The Terms and any: (a) notices, terms, or other items incorporated herein; (b) additional terms and conditions contained on our Site, as a part of your participation in relation to an application for grant or any particular activity, or related to any Content; and (c) any additional consents or agreement provided by you on or in connection with our Site or any Content, service or other activity, constitutes the entire agreement between you and us regarding our Site. If any provision of the Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. If any provision of the Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.

In the event of conflict between these terms and the general Terms and Conditions set out on our Site the latter shall prevail.

14. Confidentiality

We and you will at all times keep confidential and shall not at any time for any reason
disclose or permit to be disclosed to any person or otherwise make use of or permit to be made use of the other party’s Confidential Information save where obliged by law to disclose all or any part of Confidential Information to any public authority in which case only essential Confidential Information will be disclosed.

For the purposes of this provision Confidential Information means information in any form including oral, graphic, written, electronic, machine-readable or hard copy whether submitted as part of your Application or not in respect of an individual or company relating to its:

(a) business methods, plans, systems, finances or projects; coding and technical data;

(b) trade secrets, know-how, techniques, ideas, business plans pricing;

(c) inventions, designs, source codes, object codes, program interfaces;

(d) products or services;

(e) provision of those products or services; or

(f) suppliers, customers, or clients;

to which it attaches confidentiality or in respect of which it holds an obligation to a third party;

Contacting Us

If you have any questions, concerns, or complaints regarding this Policy, the information we hold about you, or if you wish to exercise your rights, we encourage you to contact us using the details below:

We will attempt to resolve complaints and disputes and make every reasonable effort to honour your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.

This document was last updated on November 14, 2022