Terms and Conditions of Use

Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THE EXPERIMENTAL DESIGN ASSISTANT APPLICATION (“EDA application”) OR THE EDA WEBSITE (“EDA WEBSITE”).

If you continue to browse and use the EDA Website, you are agreeing to comply with and be bound by the followings Terms which together with our Privacy and Cookie Policy govern our relationship with you in relation to the EDA application and the EDA Website. When you set up your user account for the EDA application you will be asked to give your acceptance to these Terms. If you do not accept these Terms, you will not be able to access the EDA application. If you disagree with any part of these Terms, please do not use the EDA Website or the EDA application.

The EDA application and the EDA Website are intended for use by post-graduate or post-doctoral scientists, principal investigators, and other researchers engaged in active animal research. If you do not fit into these categories, please do not continue to use the EDA Website or the EDA application.

1. About Us

The EDA (https://eda.nc3rs.org.uk) is operated by the National Centre for the Replacement, Refinement and Reduction of Animals in Research¹ (“we”, “us” or “our”). Our office is at Gibbs Building 215 Euston Road, London NW1 2BE.

If you have any queries regarding the EDA Website or the EDA application or any of the information or materials contained on or in them, please contact us by email at eda@nc3rs.org.uk or by telephone on 020 7611 2233.

2. About the EDA Website and the EDA application

We provide the EDA Website and the EDA application and the information contained in or on either of them (whether put there by us or uploaded or created by a user) (“Content”) on an ‘as is’ basis. Whilst we have endeavoured to provide an accurate and correct experimental design resource, no guarantee, representation or warranty is made as to the EDA Website’s or the EDA application’s accuracy, completeness or correctness or that it is free from any errors or omissions. Should you seek to rely in any way whatsoever upon any Content contained on, or the material downloaded from the EDA Website or the EDA application, you do so at your own risk. It is your responsibility to ensure that any information available through the EDA Website or the EDA application meets your specific requirements.

The Content on the EDA Website and in the EDA application is provided for general information purposes and to assist you with achieving the Purpose (defined below). Nothing on the EDA Website or in the EDA application is intended to be exhaustive advice on which you should rely solely. The quality of the output you obtain from the EDA Website and/or the EDA application is entirely dependent on the information you enter. You should always consider whether additional specialist advice is required.

3. Availability and Access

No warranty is given that the EDA Website and/or the EDA application shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability. We reserve the right to block your use of the EDA Website or the EDA application or withdraw them both entirely.

4. Your Use of the EDA Website and the EDA application

You can use the EDA Website and the EDA application solely as (i) a Decision Support System to inform, assist and make recommendations to you in the design of animal experiments and (ii) as a resource in order to teach researchers actively engaged in or planning to be engaged in animal research (the “Purpose”).

Account Users: If you choose, you may set up a user account to access the EDA application and you will be able to create, store and download your Content, although you should note clause 3 above regarding availability and access and clause 5 regarding changes to the EDA Website and/or the EDA application. You must keep your password or any other access information confidential and you must not disclose it to a third party. We have the right to disable any user account and/or password or access information, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms.

If you know or suspect that anyone other than you knows your password or access information, you must promptly notify us at eda@nc3rs.org.uk and include the heading “URGENT EDA APPLICATION SECURITY ISSUE” and flagging your email as urgent.

You can grant other users access to any Content created by you from your use of the EDA application. By agreeing to these Terms, you acknowledge that any Content created by you and which you grant access to will be made available to those users under these same Terms.

You must only use the EDA Website and the EDA application for lawful purposes in compliance with any applicable laws. In particular you must not:

• Use the EDA Website or the EDA application to send or transmit, whether directly or indirectly, unsolicited or unauthorised advertising or promotional material, chain letters or pyramid selling schemes;
• use the EDA Website or the EDA application for mail bombing or flooding or to make deliberate attempts to overload a system;
• knowingly or recklessly introduce to the EDA Website or the EDA application, or use the EDA Website or the EDA application to transmit, any viruses, trojan horses, worms, logic bombs, time-bombs, keystroke loggers, spyware, malware, adware or other materials which are malicious or harmful;
• attempt to gain unauthorised access to the EDA Website or the EDA application, the server, equipment or network on which the EDA Website or the EDA application is stored, any server, computer or database connected to the EDA Website or the EDA application or any software; 
• use the EDA Website or the EDA application to attempt to gain unauthorised access to any other website, internet account, server, computer, equipment, system, network, data or information;
• use the EDA Website or the EDA application to monitor data or traffic on any network or system;
• use the EDA Website or the EDA application to collect or use information, including without limitation email addresses, screen names or other identifiers, by deceit (such as phishing, internet scamming, password robbery, spidering, scraping and harvesting);
• use the EDA Website or the EDA application to distribute software; or
• carry out a denial-of-service attack or a distributed denial-of-service attack on the EDA Website or the EDA application or use the EDA Website or the EDA application to carry out any such attack on any other website.

If you breach any of these Terms, your right to use the EDA Website and the EDA application will immediately end and we reserve the right to take further action, including legal action as we consider appropriate.

5. Changes to the EDA Website and/or the EDA application

We make every effort to, but we are under no obligation to, ensure that the content of the EDA Website and the EDA application is up to date and current. We may at our sole discretion change, edit, delete or revise the Content of the EDA Website or the EDA application from time to time. We will post any amended Terms on this page or you can access them at any time using the link at the bottom of each page of the EDA Website. You will not be asked to accept these Terms every time you visit the EDA application. Your continued use of the EDA Website and/or the EDA application constitutes your acceptance of any amended Terms.

6. Acceptable Use

Wherever you make use of features that allow you to upload or create Content to the EDA Website and/or the EDA application, you confirm that you are the owner of any uploaded Content or you have the requisite rights to upload it and you will continue to be the owner or have the requisite rights for as long as the Content remains on the EDA Website or in the EDA application. In addition, you confirm that: (i) no Content will be defamatory, obscene, offensive, hateful or inflammatory; (ii) no Content will promote illegal activity; and (iii) no Content will be threatening, abusive, or invade another person’s privacy, or upset, embarrass or harass another person.

7. Intellectual Property Rights

Content generated by you from your use of the EDA Website or the EDA application is your owned Content. All other Content and the associated intellectual property rights (including, without limitation, copyright, database rights, design rights, patents, trademarks and logos) included in the Content of the EDA Website, the EDA Website itself and the EDA application is owned by or licensed to us unless otherwise stated.

You may print, copy, download or temporarily store extracts from the EDA Website or the EDA application solely for the Purpose. You must not alter any extract obtained from the EDA Website or the EDA application in any form, unless this is Content owned by you. Any other use is prohibited unless you first get our written permission. Without limiting the above, unless you first get our written consent, you may not reproduce, modify, adapt, transmit, publish, broadcast, create derivative works of, store, archive or in any way exploit all or any part of the EDA Website or the EDA application. If you breach any of these Terms, your right to use the EDA Website and the EDA application will immediately end and you must return to us or destroy (at our option) all digital and paper copies of our Content which you have.

You agree to use all reasonable efforts to ensure that Content created by you using the EDA Website or the EDA application does not infringe any intellectual property rights of a third party. 

8. Licences

By using the EDA Website and the EDA application and by creating and storing Content in your user account, you grant us a perpetual, non-exclusive, royalty free licence to use your Content on an anonymous basis (unless you have expressly authorised us to use it on an identifiable basis by using the share function in the EDA application), solely for the purposes of testing and developing the EDA Website and the EDA application.

By providing other account users access your Content you are granting a non-exclusive royalty free licence to those users to use that Content under these same Terms.

We have the right to disclose your identity to any third party who is claiming that any Content created, stored or used by you on the EDA Website or in the EDA application constitutes a violation of their intellectual property rights or of their right to privacy. We can also remove any of your Content which you have uploaded at any time.

9. Third Party Websites

The EDA Website and/or the EDA application may contain links to other websites from time to time. These links are provided for your convenience. We have no control over, and no responsibility or liability for, those other websites or their content.

You may create a link to the EDA Website homepage or your Content and to no other page. You may only create these links if: (i) the website from which the link comes is one which you own (and is in accordance with our Acceptable Use policy); and (ii) you must not suggest that you have any association with us or that we approve of or endorse your website.

10. Liability

Nothing in these Terms limits or excludes our liability to you for:

a. death or personal injury resulting from negligence;
b. fraud or fraudulent misrepresentation;
c. any other matter for which we are not permitted by law to exclude or limit our liability.

All warranties, conditions and other terms relating to the EDA Website and/or its content or the EDA application which would otherwise be implied by law (whether by statute, common law or otherwise) are excluded.

We will not be liable to you for any loss or damage arising out of or in connection with your use of (or inability to use) the EDA Website or the EDA application or your use of or reliance upon any Content on the EDA Website or the EDA application, whether in contract, tort (including without limitation negligence), misrepresentation, restitution, under statute or otherwise.

We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the EDA Website or the EDA application.

Subject to the exceptions in clause 10 (a), (b) and (c) above, our liability to you in respect of any loss arising from these Terms or your use of the EDA Website or the EDA application will not exceed £50.00 GBP.

11. Data Protection and Cookies

Please refer to our privacy policy: https://eda.nc3rs.org.uk/privacy (last updated August 2019).

12. Governing Law

These Terms and the relationship between you and us shall be governed by and construed in accordance with English law. You agree that any dispute arising out of or in connection with these Terms (if not amicably resolved) will be subject to and within the jurisdiction of the English courts. 

13. General

We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms by anything you do or fail to do or as a result of events beyond our reasonable control.

If any provision of these Terms is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms which shall remain unaffected.

No delay or failure by us to exercise any powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

Any notice given under these Terms must be communicated by post to the address most recently notified by the receiving party. Receipt of notice shall be deemed to occur at the time the notice would be in the ordinary course be delivered.

Last updated August 2019