IRIS2.0 SharePoint

TERMS OF USE

V1-15 MAY 2024

  1. These terms of use together with the documents referred to in them explain the terms on which you may make use of this IRIS2.0 SharePoint whether as a guest or a registered user. ("Terms of Use")

  2. Use of this IRIS2.0 SharePoint includes accessing, browsing, or registering to use this IRIS2.0 SharePoint.

  3. This IRIS2.0 SharePoint is owned and operated by Victrex Manufacturing Limited ("Victrex") on behalf of itself and its affiliates (as applicable): Invibio Limited, Invibio Inc., Invibio (Beijing) Trading Co. Limited, Invibio Device Component Manufacturing Limited, Invibio Device Component Manufacturing Inc., Invibio Knees Limited and Juvora Limited (each, a "Relevant Affiliate"). Victrex Manufacturing Limited is incorporated and registered in England and Wales with company number 2845018 whose registered office is at Victrex Technology Centre, Hillhouse International, Thornton Cleveleys, Lancashire, FY5 4QD.

  4. By using this IRIS2.0 SharePoint, you confirm that:

    1. You agree to comply with these Terms of Use in full, and

    2. YOU SHALL ONLY ACCESS AND USE THE TYPE OF DATA HELD ON THIS IRIS2.0 SHAREPOINT WHERE SUCH ACCESS AND USE IS PERMITTED UNDER THE TERMS OF A SEPARATE "LIVE" AND LEGALLY BINDING SUPPLY AGREEMENT WHICH IS ALREADY IN PLACE BETWEEN YOU AND VICTREX OR A RELEVANT AFFILIATE (AS APPLICABLE) ("Relevant Contract").
      ANY AND ALL DATA YOU ACCESS AND/OR USE WHICH IS HELD ON THE IRIS2.0 SHAREPOINT SHALL BE CLASSED AS THE CONFIDENTIAL INFORMATION OF VICTREX OR A RELEVANT AFFILIATE (AS APPLICABLE) UNDER THE TERMS OF THE RELEVANT CONTRACT AND MAY NOT BE MADE PUBLICLY AVAILABLE BY YOU UNDER ANY CIRCUMSTANCES (EITHER DIRECTLY OR INDIRECTLY) WITHOUT THE ADVANCE WRITTEN CONSENT OF VICTREX OR ITS RELEVANT AFFILIATE (AS APPLICABLE.) SUCH DATA MAY ONLY BE SHARED BY YOU ON A STRICTLY CONFIDENTIAL BASIS AND IN THE LIMITED CIRCUMSTANCES WHERE THIS IS PERMITTED UNDER THE RELEVANT CONTRACT (FOR EXAMPLE, THIS MIGHT INCLUDE SHARING OF RELEVANT DATA BY YOU WITH A RELEVANT REGULATOR TO SUPPORT AN APPLICATION FOR PERMISSION TO SELL A MEDICAL DEVICE CONTAINING MATERIALS PURCHASED UNDER SUCH RELEVANT CONTRACT.)

  5. Information about you which is collected through the IRIS2.0 SharePoint may be used by Victrex and/or the Relevant Affiliate companies and other third parties in accordance with our Privacy Policy which is available on the IRIS2.0 SharePoint. By using the IRIS2.0 SharePoint you agree to the use of your personal data in accordance with this Privacy Policy.

  6. Victrex may revise these Terms of Use at any time by amending this page and your continued use of the IRIS2.0 SharePoint will constitute your acceptance of such updated Terms of Use. Please check these Terms of Use from time to time to take notice of any changes we may have made, as they are binding on you.

  7. Victrex may update the IRIS2.0 SharePoint from time to time, and may change the content at any time.

  8. Although Victrex makes reasonable efforts to update the data on the IRIS2.0 SharePoint, Victrex makes no representations, warranties or guarantees, whether express or implied, that such data is accurate, complete or up-to-date other than as contained in the Relevant Contract.

  9. No additional costs shall be applied by Victrex for accessing and using the data held upon the IRIS2.0 SharePoint other than, as may already be contained in the Relevant Contract.

  10. Victrex does not guarantee that the IRIS2.0 SharePoint, or any of its contents, will always be available or be uninterrupted. Access to the IRIS2.0 SharePoint is permitted on a temporary basis. Victrex may suspend, withdraw, discontinue or change all or any part of the IRIS2.0 SharePoint without notice. Victrex will not be liable to you if for any reason the IRIS2.0 SharePoint is unavailable at any time or for any period.

  11. You are responsible for making all arrangements necessary for you to have access to the IRIS2.0 SharePoint. You are also responsible for ensuring that all persons who access the IRIS2.0 SharePoint through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

  12. If you choose, or you are provided with (as applicable) a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

  13. Victrex has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

  14. If you know or suspect that anyone other than you knows your identification code or password, you must promptly notify us at RAPS@Invibio.com

  15. You may only use the IRIS2.0 SharePoint for lawful purposes. You may not use the IRIS2.0 SharePoint in any way or for any purpose or use the data obtained from it in any manner that:

    1. breaches any applicable local, national or international law or regulation, or

    2. is unlawful or fraudulent, or has any unlawful or fraudulent purpose, or

    3. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or

    4. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

    You also agree:

    1. not to reproduce, duplicate, copy or re-sell or share any part of the IRIS2.0 SharePoint in contravention of the provisions of these Terms of Use.

    2. not to interfere with, damage or disrupt:

      • any part of the IRIS2.0 SharePoint; or

      • any equipment or network on which the IRIS2.0 SharePoint is stored; or

      • any software used in the provision of the IRIS2.0 SharePoint; or

      • any equipment, network, or software owned or used by any third party in connection with the provision of the IRIS2.0 SharePoint.

  16. You accept Victrex or its Relevant Affiliates are the owner or the licensee of all intellectual property rights on the IRIS2.0 SharePoint, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

  17. The content of the IRIS2.0 SharePoint is not intended to amount to advice on which you should rely.

  18. To the extent permitted by law, Victrex, Relevant Affiliates, other members of the Victrex group of companies and third parties connected to Victrex hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

  19. This does not however, affect Victrex’s 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 which cannot be excluded or limited under applicable law.

  20. Victrex does not guarantee the IRIS2.0 SharePoint will be secure or free from bugs or viruses.

  21. You are responsible for configuring your information technology, computer programmes and platform in order to access the IRIS2.0 SharePoint and you should use your own virus protection software.

  22. You must not misuse the IRIS2.0 SharePoint by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the IRIS2.0 SharePoint, the server on which the IRIS2.0 SharePoint is stored or any server, computer or database connected to the IRIS2.0 SharePoint. You must not attack the IRIS2.0 SharePoint 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 the IRIS2.0 SharePoint will cease immediately.

  23. Where the IRIS2.0 SharePoint contains links to other sites and resources provided by third parties, these links are provided for your information only and Victrex has no control over the contents of those sites or resources.

  24. Failure to comply with these Terms of Use may result in Victrex taking any or all of the following actions:

    • Immediate, temporary or permanent withdrawal of your right to use the IRIS2.0 SharePoint.

    • The issuance of a warning to you.

    • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

    • Disclosure of such information to law enforcement authorities as Victrex feels is necessary.

    Victrex excludes liability for any such actions taken in response to breaches of these Terms of Use and Victrex reserves the right to take any other action Victrex deems appropriate.

  25. You shall indemnify, defend and hold harmless Victrex and its Relevant Affiliates in full for any and all losses and damages of any kind suffered by Victrex and/or its Relevant Affiliates arising directly and/or indirectly as a result of your breach of these Terms of Use, gross negligence or wilful misconduct.

  26. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to or use of this IRIS2.0 SharePoint although, Victrex retains the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

  27. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter and its formation (and any non-contractual disputes or claims) are governed by English law.

  28. VICTREX™, APTIV™, VICOTE™, VICTREX PIPES™, VICTREX HT™, VICTREX ST™ , VICTREX WG™, PEEK-ESD™, 450G™ and the Triangle (Device), are trademarks of Victrex or its Relevant Affiliates or other Victrex group companies (as applicable).