CLASSify Terms and Conditions – PLEASE READ CAREFULLY

1. AGREEMENT

Welcome to CLASSify. By using CLASSify’s website and the Service (as defined below) you agree to the terms and conditions of use as specified herein (“Terms”). Please do not use this website or the Service if you do not agree to these Terms.


These Terms are effective from April 2011.


You may accept the Terms by:


  • Clicking to accept or agree to the Terms, where made available by CLASSify’s user interface for the Service
  • Actually using the Service, in which case CLASSify shall treat your use of the Service as acceptance by you of these Terms.

2. THE SERVICE AND COMPANY

CLASSify provides an independent service, allowing you to find the EC Product Class of your medical device(s), designed to save you time and money (“Service”). However, the Service does not, and is not designed or intended to; give any indication of the efficacy or compliance of your medical device(s) in any other respect.


This Service is provided by and your contract for its provision is with Adveniunt Medical International Limited (trading as Quality First International) a company registered in England, No 6807612, VAT number GB 947 4598 66. CLASSify is Adveniunt Medical International Limited’s trading name in the context of the Service.


3. OUR RESPONSIBILITIES:

CLASSify is responsible to you for:


  • Providing you with the Service.

CLASSify is not responsible for:


  • Reliance on information:

    CLASSify supplies information and recommendations to you as part of the Service in good faith but in reliance on third party sources and on information and directions supplied by you. Accordingly, save in the case of its manifest error or negligence, neither CLASSify nor its affiliates will be liable for losses, costs, claims or damages which may be incurred by you in connection with the Service, including but not limited to:


    *Any reliance placed by you on the accuracy of information as stated on www.classify-device.com.


    *Any changes which CLASSify may make to the Service.


    *Any unavailability or downtime in connection with this website.


    CLASSify and its affiliates shall be in no manner liable to your for any defect in the Service arising out of or in connection with any defect, error, inacuracy or omission in either any third party source relied upon by CLASSify in conducting the Service or in any information, direction or instruction submitted by you.


    Further, CLASSify make no representations or warranties about the accuracy or reliability of any government regulations of any jurisdiction or body requiring disclosure of information on medical devices, medicinal products, combination products or any systems and procedures for classification, marketing authorisations, packing, storing, prescribing or transporting any of the oforesaid, or the approval or compliance of any software tools with regard to the content contained on this website.


    Save in the case of death or personal injury caused by its negligence or in any other manner precluded by law (i) CLASSiy’s entire liability arising out of or in connection with the provision of the Service, whether in breach of contract to statutory duty, in tort, negligence or otherwise, is limited to the sum of the service; and (ii) CLASSify shall not be in any manner liable for any direct, indirect or consequential damages which may be incurred through use of this website and/or the Service, including without limitation any loss under current or future contracts, loss of profit, business reputation, loss of data, administrative costs or disaster recover costs, even if CLASSify has been advised of the likelihood of any of the aforesaid occurring.


  • Events outside CLASSify’s control:

    CLASSify shall not be liable for any delay or failure to perform any obligation under these Terms if the delay or failure is due to any circumstances beyond its control, including, but not limited to; acts of God, war, civil disorder or industrial dispute.


4. USE OF THE SERVICES BY YOU/ YOUR RESPONSIBILITIES:

CLASSify will provide you with the Service based on the information you have provided to CLASSify. Upon registering for an account, it is your responsibility to ensure all information that you provide is true and accurate and that you disclose all relevant facts.


You are responsible for maintaining your account and actions taken within it including your own username and password, where required to access your account. You should ensure that you store your username and password securely and that the details required to access your account are not provided to another party. If you suspect or are aware that your account username, password or other confidential information has become known to a third party, you should inform CLASSify immediately and comply with CLASSify’s directions as a result.


  • Accessing this website: You are responsible for making all necessary arrangements to ensure you have access to this website and all persons who access our website through your internet connection are aware of and comply with these terms

  • Commercial Use: This website is for non-commercial, personal use only (ie, use by an individual or for a business to source their own products and services). You undertake only to use the Serice to classify your own medical devices; i.e. those for which you are the applicant for any marketing authorisation(s). CLASSify reserves the right to take legal action against any person or company who uses the Service in an unauthorised manner.

CLASSify reserves the right to disable, restrict or remove your access to the website and the Service should you breach these Terms and conditions. Such restriction or removal may occur without explanation to you where CLASSify deems it fit or necessary.


5. INTELLECTUAL PROPERTY

CLASSify is the owner or authorised licensee of all intellectual property rights in this website and in the material published on it. This includes, but is not limited too; all trademarks, logos, trading names, business names, design rights, copyrights and any other intellectual property contained in this website.


Further, CLASSify would draw your attention to the fact that only European Community legislation printed in the paper edition of the Official Journal of the European Union is deemed authentic. You are advised to consult the copyright notice on the EUR-Lex website:


http://eur-lex.europa.eu/en/editorial/legal_notice.htm


If you violate any of these Terms, your permission to use the Service, this website and any content or other published material on it or made available via it automatically terminates and you must immediately destroy any copies you have made of any portion of content or material.


You are granted no licence to use any intellectual property of CLASSify or any of its licensors to the extent expressly permitted by these Terms.


6. OTHER IMPORTANT INFORMATION:

  • Website content: CLASSify has taken steps to ensure the information contained and displayed on this website is accurate and up to date. However, it accepts no liability for any errors or omissions in connection therewith and reserves the right to add, amend or remove content from this website at any time without prior notification.

  • Links to other websites: Please note, these terms are valid for www.classify-device.com only. CLASSify accepts no liability for any information, products or services that are published on, or accessed from, third party websites which may have been linked to from www.classify-device.com. By using the link stated to access any separate website, you will be subject to the terms and conditions applying to that site.

  • Access to this website: CLASSify does not warrant that the service continuity of this website will be uninterrupted, nor that this site or the server that makes it available are free of viruses, bugs or defects. You are advised to maintain your own up to date firewall and virus detection systems.

7. PRIVACY:

CLASSify take your privacy seriously. For further details please see CLASSify’s Privacy Policy.


8. GENERAL:

You may not assign or subcontract your rights or obligations in connection under these Terms. CLASSify may assign or subcontract its rights or obligations under these Terms at any time.


CLASSify reserves the right to change these Terms at any time, without prior notice to you. Such varied Terms shall automatically apply to the use of the Service and this website from the date of publication shown. Your continued use of this website will mean you accept such changes. In all other respects, these Terms may not be varied without CLASSify’s prior written consent. They comprise the entire understanding between CLASSify and you in connection with their subject matter and all other terms, whether express or implied, written or oral, are hereby expressly excluded.


No waiver by CLASSify of any of its rights pursuant to these Terms shall preclude it from subsequently exercising that right.

Nothing in these Terms should be construed as conferring rights on any third party, whether under the Contracts (Rights of Third Party) Act 1999 or otherwise.


If any of the provisions of these Terms or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not in any way be affected or impaired, it shall be replaced by a provision, achieving as nearly as possible the same commercial effect.


Nothing in these Terms creates, implies or evidences any partnership or joint venture between CLASSify and you or the relationship between them of principal and agent.


9. GOVERNING LAW AND JURISDICTION

These Terms shall be interpreted and enforced in accordance with English law and any dispute arising out of or in connection with them shall be subject to the exclusive jurisdiction of the English courts. The place of performance for the contract for the provision of the Service is England.


10. CONTACT

If you have any queries or concerns regarding these Terms or the provision of the Service, you should contact CLASSify at:


F.A.O: CLASSify Department
Quality First International

Suites 317 & 318 Burford Business Centre

11 Burford Road

London

E15 2ST

United Kingdom


Tel: +44 (0) 208 221 2361

Fax: +44 (0) 208 221 1912


Email: ayesha@qualityfirstint.com