Terms and Conditions of Use

Gilead Sciences – Terms of Use

Last updated: 30th March 2021

Your (“You” or “Your”) access to and use of this website is subject to the following terms and conditions and the Privacy Policy available here (“Privacy Policy”) of Gilead Sciences Pty Ltd (Gilead) and of the Platform Terms of Use from Gilead’s Authorised Service Provider specified below (together or separately as context requires (“Terms of Use”) . 

This Gilead sponsored website (“Site”) is intended for healthcare professionals and experts who have agreed to provide virtual expert consultancy and advisory services to Gilead pursuant to a consultancy agreement signed by the parties and using the Gilead Global Advisory platform (the “Program”). 

Gilead has engaged Thrivase Pty Ltd (the “Authorised Service Provider”) and Thrivase Pty Ltd has made the Canvass Advisory Board Platform website at hivconnect.com service available to Gilead for Program Purposes and in accordance with the Thrivase Pty Ltd specific platform terms of use set out below (“Platform Terms”).  The Site is hosted on servers based in Australia and for Program Purposes worldwide.  All references to Gilead in these Terms of Use include reference to Gilead Authorized Service Provider in the context of the Program.

Your access or use of this Gilead Site indicates Your acceptance of these Terms of Use. If You do not accept these Terms of Use, You cannot use this Site and You are kindly requested to exit.  Gilead reserves the right to change these Terms of Use without notice.  Any modification to the Terms of Use will become binding when published.

  1. Purpose: This Site is made available by Gilead to communicate the Site and Program conditions and is intended for use by Australian healthcare professionals and experts above the age of 18 who have agreed to provide insights and expertise to the Program. You acknowledge that the Site and the Program is intended for medical educational purposes and without any intention to induce, influence or reward the past, present or future prescribing, supply, purchasing or recommendation of any of Gilead’s products.  The content of this Site or the Program is intended is not intended to be a substitute for, or to override, any professional medical advice, diagnosis or treatment. As regulations and permitted uses of available treatments vary country to country, You should always refer to local approved product labelling and patient leaflets or healthcare professionals for further information.  Gilead is not liable for any treatments referenced in this Site or for any usage prescribed by a healthcare professional contrary to the approved country labelling. 
  2. Use and reliance on the Site: Gilead reserves the right to add, delete or change any information or functionality on this Site at any time without notice or liability. The contents of this Site, including without limitation, all data, information, text, graphics, links, and other materials are provided for Your use in Your professional capacity and as a convenience to You on an “as is” basis.  While every effort has been made to ensure that the data provided on this Site or as part of the Program is up to date and accurate at the time of publication, the data must not be considered complete or comprehensive. Use of the Site and reliance on any information provided in this Site or resources linked to this Site are solely at Your own risk.
  3. Scope of use and rights in contents: This Site and its contents (including images displayed and the trademarks used), are protected by copyright, trade mark, and other intellectual property or proprietary rights and are owned by Gilead, Gilead company affiliates or third parties. This Site is provided for Your personal, non-commercial and legal use only. The trademarks, brand names, logos and related tag-lines and service marks (the “Trademarks”) are owned by Gilead and its company affiliates or the Authorised Service Provider. Except as expressly permitted in these Terms of Use, no portion of the Site or the context, including without limitation trademarks, trade names, and logos, may be reproduced in any form, or by any means, without prior written permission from Gileador applicable third party. Unauthorised downloading, redistribution, retransmission, copying, modification or commercial use of the content may be a violation of applicable copyright law and could result in legal action. Subject to the preceding paragraph, Gileadgrants You a limited non-transferable and non-exclusive license to use this Site solely for Your personal and non-commercial use. Such license is revocable by Gilead at any time at the sole option of Gilead. It is Gilead’s policy to enforce our intellectual property rights to the fullest extent permitted under law.
  4. Compliance: You may only use this Site and any information in or downloaded from this Site in compliance with these Terms of Use, applicable laws and regulations and the details of your contract with Gilead. You may not violate the rights of others.  You agree not to upload to the Site any files that contain viruses, malware, spyware, “Trojan Horses”, worms, cancelbots, corrupted files or other such similarly destructive features or otherwise in any way damage, disable or impair the operation of the Site, or attempt to do any of the same, or gain or attempt to gain unauthorised access to the Site, or to networks connected to it, or to Program content delivered through it, by any means including by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures.  The Site and material from the Site may not be copied, distributed, modified, reused, reposted, or otherwise exploited except as provided in these Terms of Use without our express written permission.
  5. Password or Authorisation Codes: You will keep secret and safe any authorisation code or passwords used to access the Site and You will notify us as soon as possible if Your authorisation code or password is lost or stolen or if you have any reason to believe that there has been unauthorised access to the Site.
  6. Third-Party websites and applications: The Site may contain links to third-party websites or applications which may be of interest to You. However, Gilead does not vet or otherwise approve the content of any such third-party websites or applications and Your use of such websites and applications is entirely at Your own risk. We do not accept responsibility or liability for the availability or content of any third-party websites or applications, nor liability for any damage or harm that You may suffer from visiting and/or using them.
  7. Privacy and Transparency: If disclosure is required for any fees or expenses paid to You in connection with the Program,  You consent to Gilead’s public disclosure of such information and related Program or personal information (the “Transparency Data”) in accordance with applicable laws, regulations or self-regulatory transparency obligations as set out in more detail here. Gilead complies with the Australian Privacy Act 1988 (Cth) and is committed to protecting the privacy of any personal information that You provide in using this Site. Gilead, its company affiliates and its Authorised Service Providers will handle any personal information that You provide in the course of using this Site, for the purpose of administering and the Program, the Site and for any incidental related purpose and related legal, monitoring, records-keeping and compliance purposes, and in accordance with Gilead’s Privacy Policy available here. For more information about how Gilead handles Your personal information and Your rights, please see Gilead’s Privacy Policy. If You have any further questions about the use of Your personal information, including if You would like to update or correct Your personal information, please contact [email protected].
  8. Not-Spam: Gilead’s interactions with You are also regulated under the Spam Act 2003 (Cth). Gilead complies with these laws and will not send You a commercial electronic message unless permitted by that Act. By submitting Your email address, You agree that Gilead and its Authorised Service Providers will use Your email address to contact You for any of the purposes listed in these Terms of Use or the details of your agreement with Gilead. 
  9. Use of information that does not identify You: Some of the information that is collected during Your visit to this Site is not personal information because it does not reveal Your identity. For example, Gilead, its affiliates and Authorized Service Providers may record Your server address, domain name, the date and time of Your visit to the Site and the pages that You viewed. This information is used in an anonymous, aggregated form only for statistical and Site or Program development purposes.  Gilead reserves the right to use or disclose this information where it reasonably believes that the individual may have engaged in unlawful or inappropriate activity in connection with this Site. 
  10. Security:  By using this Site, You agree not to disrupt, intercept our electronic information posted on this Site or on any of our servers or to circumvent the security features of this Site.
  11. Prohibited content: You are prohibited from submitting, posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law. Gilead will fully cooperate with any law enforcement authorities or court order requesting or directing Gilead to disclose the identity of anyone posting any such information or materials. 
  12. No guarantee or warranty: Gilead does not guarantee or warrant the availability, quality, accuracy, completeness, safety, timeliness, appropriateness, or suitability of the information on the Site or of any functionality or services referenced on the Site. The information contained in this Site is accurate as at the date of publication. The information and the Site may be changed from time to time without notice. To the full extent permitted by local law, Gilead disclaims all warranties, representations, or conditions regarding use of the Site or the information, including all implied warranties of merchantability, fitness for a particular purpose, non-infringement, whether expressed or implied, or arising from a course of dealing, usage or trade practice.
  13. Disclaimer of liability: To the full extent permitted by local law, Gilead assumes no liability for the delay, failure, interruption, corruption, or loss of any data transmitted via this Site and does not warrant that the Site is free of infection, viruses, worms, malicious content, or codes that manifest contaminating or destructive properties. Gilead, and any other parties involved in the creation, production, or delivery of the Site, including the provision of information, disclaim any responsibility and will not be liable for damages, claims, liabilities, costs, or obligations including any direct, indirect, special, incidental, or consequential damages whatsoever and however caused, arising out of or in connection with the use or misuse of the Site or the information whether such damages arise in contract, tort, or negligence. The foregoing exclusion of liability will not apply in the event that the damage results from the gross negligence or willful misconduct of Gilead.
  14. Governing law: Any matter arising in connection with this Site will be governed by the laws of Victoria, Australia.

Canvass – Platform Terms of Use

Last updated: 5th July 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Canvass Advisory Board Platform website at hivconnect.com (the “Service”) operated by Thrivase Pty Ltd (“us”, “we”, or “our”) for Gilead Sciences International, Ltd.

Your (“you”, “your” or “customer”) access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all Advisory Board Members, Moderators, Observers and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are solely responsible for the accuracy, integrity, quality, legality, reliability, appropriateness of and copyright permissions of any content and for identifying and correcting errors and omissions in your content. 

Intellectual Property

All title, ownership rights and Intellectual Property Rights, including copyright in relation to Canvass Advisory board platform is owned or used under licence by Thrivase Pty Ltd. Without our express prior written consent, you undertakes that you will not and will not permit any person to: (i) directly or indirectly alter, replicate, copy, recreate, create derivative work from, decompile, reverse engineer, reserve assemble, reserve compile, enhance, interfered with or with part of the Service or otherwise obtain, modify or use any source or object code, architecture, or algorithms contained in the Service or any documentation associated with the Service; (ii) copy or reproduce, or create an adaptation or translation of, all or part of the Service in any way, except to the extent that reproduction occurs automatically through the ordinary use of the Service in accordance with this Agreement; (iii) incorporate all or part of the Service in any other webpage, site, application or other digital or non-digital format; (v) (subject to other rights explicitly granted under this Agreement) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Service on any medium; (vi) do anything that will infringe the Intellectual Property Rights of any third party; or (vii) attempt to do any of the above.

Customer Intellectual Property

Nothing in this Agreement will transfer ownership of the content to Thrivase.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Thrivase Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms & Conditions of Use, please contact us at [email protected]