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MCF Formulary Terms of Use

Last updated Feb 11th, 2024

Summary

The below bullet points provide a short overview of our Terms of Use in simple language. This is not a complete summary of our Terms of Use, which can be found below in full. Please read the entire Terms of Use carefully and contact us with any questions.


MCF Formulary Full Terms of Use

Section 1: Introduction and Scope

MCF Formulary is a scientific resource created, managed, and owned by YewMaker that provides small molecule medicine carbon emissions information in a database accessed through a web application. MCF Formulary is one of the applications of MCF Classifier. MCF Classifier is a suite of proprietary software applications to estimate, classify, benchmark, and visualise carbon emissions of small molecule medicines.

This document (the “Terms of Use”) governs all services provided by YewMaker through MCF Formulary website and application, and all content, services, and products available at or through the Platform. These Terms of Use are very important and govern the relationship between us and Users.

By accessing any part of our website or applications or any other website directly linking traffic thereto (collectively, the "Platform"), you agree to be bound by the provisions, terms and conditions as set out in these Terms of Use. You are also confirming that you have read and understood the Terms of Use.

If you do not agree to or understand all the provisions, terms and conditions set out below, then you should not use and are not authorised to use MCF Formulary.

Section 2: Definitions

Agreement: Encompasses all provisions, terms, conditions, and notices contained or referenced in these Terms of Use, alongside any other rules, policies (including the Privacy Policy), and procedures that may be published and periodically updated on the Platform.

Content: Includes all material featured or displayed on the Platform, such as text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video and audio recordings, designs, and other available materials.

MCF Classifier: A suite of proprietary software applications to estimate, classify, benchmark, and visualise carbon emissions of small molecule medicines. This suite forms the technological foundation supporting YewMaker's tools and services, including the MCF Formulary.

MCF Formulary: A specific application within MCF Classifier displaying small molecule medicine carbon emissions information based on YewMaker’s proprietary MCF Method.

MCF Content: Refers to the comprehensive data and information available within MCF Classifier and MCF Formulary, encompassing all generated insights and analyses related to carbon emissions of small molecule medicines.

Service and Services: Cover all functionalities and services provided through the Platform, including access to MCF Content. These definitions are designed to inclusively cover any scientific, educational, or research tools ("Future Tools") YewMaker may develop. YewMaker is committed to continuous innovation to support healthcare stakeholders. Accordingly, these Terms of Use apply to all present and Future Tools, with additional terms provided as necessary for new tools or services.

Testimonials and User Generated Content: Defined respectively as user-submitted experiences with the Service and any content created and shared by users on the Platform. These forms of content are governed by the terms outlined herein, unless specified otherwise.

Users: Refers to any individual, company, or organisation engaging with the Platform and/or Service, encompassing all forms of interaction and use.

Section 3: Use of the Platform and Services

Authorisation and Acknowledgement: By utilising MCF Formulary and any associated services, users acknowledge that access to the platform and services is a privilege granted under the acceptance of these Terms of Use. YewMaker reserves the right to terminate access for any user who fails to adhere to these terms.

User Conduct: Users are expected to use MCF Formulary in a responsible manner, respecting the intellectual property rights of YewMaker and third parties. Prohibited activities include, but are not limited to, unauthorised copying, modification, distribution of the content, or use of the service for any unlawful purpose. Users must not attempt to gain unauthorised access to the service, other accounts, computer systems, or networks connected to the service through hacking, password mining, or any other means.

Account Termination and Suspension: YewMaker reserves the right to terminate or suspend your account and access to the MCF Formulary and any associated services at any time, without notice, for conduct that YewMaker believes violates these Terms of Use or other policies or guidelines that YewMaker may establish from time to time, or for any other reason in YewMaker’s sole discretion. This includes, but is not limited to, breaches of user conduct as outlined in this section, illegal activities, or actions that may harm or bring disrepute to YewMaker, its services, or any third parties.

Upon termination or suspension, your right to access and use the MCF Formulary and any other services provided by YewMaker will immediately cease. YewMaker is not liable to you or any third party for the suspension or termination of your account or access rights.

Users may terminate their account voluntarily via the Platform’s account settings or by contacting YewMaker directly through the provided contact channels. To request account deletion, please contact us as specified in the Contact Information section. Upon termination, whether by YewMaker or at the user's request, YewMaker will take steps to remove your personal information from our active databases and inform our third-party service providers to do the same, subject to legal retention requirements.

Deletion of Account Information: Users have the right to request the deletion of their account information from YewMaker's systems. To request account deletion, please contact us via the provided contact methods. Upon receiving a deletion request, YewMaker will take steps to remove your personal information from our active databases and, where applicable, inform our third-party service providers to do the same. Please note, however, that some information may be retained in our systems for record-keeping purposes or to comply with our legal obligations.

Compliance with Laws: Users agree to use MCF Formulary and its content in compliance with all applicable laws, including but not limited to copyright and data protection laws. Users are responsible for ensuring that their use of the platform does not infringe on the rights of third parties or violate any legal standards.

User Eligibility: Access to MCF Formulary is intended for users who are at least eighteen (18) years of age or older. In compliance with data protection laws and the legal age of consent for data processing within our operating jurisdictions, including the General Data Protection Regulation (GDPR) for users within the European Union, we restrict the use of our services to individuals who meet these age requirements. Minors aged thirteen (13) to seventeen (17) may use the service only if they have the permission and direct supervision of their parent or legal guardian who agrees to be bound by these Terms of Use.

Independent Agents: Users acknowledge that they are independent agents under the Agreement and no other relationship with YewMaker is intended, including a partnership, joint venture, employer/employee, franchise or other special relationship.

Particularly, Users acknowledge that they have no relationship with the YewMaker of a special or fiduciary nature whatsoever, and YewMaker owe no duty of care whatsoever to them.

YewMaker's Role: YewMaker provides MCF Formulary as a tool for educational and research purposes only. YewMaker does not guarantee the accuracy of the content and is not liable for any decisions made based on the information provided within MCF Formulary. YewMaker's role is limited to the provision of the MCF Formulary and does not extend to providing medical, legal, or professional advice.

Limitation of Use: MCF Formulary is designed to be accessed and used primarily for non-commercial, educational, and research purposes. Any use of the platform's content beyond these scopes, especially for commercial purposes, requires explicit written permission from YewMaker.

Modification of Service: YewMaker reserves the right to modify, suspend, or discontinue any aspect of the MCF Formulary at any time without prior notice. Users agree that YewMaker will not be liable for any modification, suspension, or discontinuance of the service.

User Feedback: YewMaker encourages feedback from users using the Contact Form. However, submitting feedback or suggestions does not entitle the user to any compensation or acknowledgment and does not create any confidentiality obligation for YewMaker. YewMaker may use the feedback for any purpose without obligation to the user.

Section 4: Intellectual Property

Intellectual Property Rights: YewMaker asserts full intellectual property rights over all content, methodologies, and materials available on the MCF Formulary, encompassing copyrights, trademarks, patents, trade secrets, and any other forms of intellectual property or proprietary rights. This includes, but is not limited to, the MCF Classifier's proprietary methodologies, processes, techniques, and algorithms, which are protected as trade secrets and confidential information. Unauthorised use, reproduction, modification, distribution, transmission, replication, or disclosure of any part of the MCF Formulary's content or the MCF Classifier's proprietary methodologies, without express written permission from YewMaker, is strictly prohibited.

Users are granted a limited licence to access and use the MCF Formulary and its content for educational and research purposes only, under the Creative Commons Attribution-NonCommercial-NoDerivs 4.0 International License (CC BY-NC-ND 4.0). Users agree not to disclose, replicate, or utilise YewMaker's trade secrets or confidential information for any commercial purposes without a prior written agreement from YewMaker. Further, users commit not to engage in activities that would constitute unauthorised use or infringement of YewMaker's intellectual property rights, including any attempts to reverse engineer, decompile, disassemble, or derive the source codes or underlying ideas of the software or systems used in the MCF Classifier.

Intellectual Property Infringement: We respect the intellectual property rights of others and require our users to do the same. YewMaker may terminate a user’s access to the Platform if they are determined to infringe upon the intellectual property rights of YewMaker or third parties. In the event of such infringement, YewMaker reserves the right to take legal action to protect its intellectual property, including seeking injunctive relief and damages.

By using the MCF Formulary, users agree to indemnify and hold harmless YewMaker, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, losses, damages, costs, and expenses, including legal fees, arising from or related to their infringement of intellectual property rights.

Section 5: Licence

Access to the content within the MCF Formulary, developed, managed, and owned by YewMaker, is provided under the Creative Commons Attribution-NonCommercial-NoDerivs 4.0 International License (CC BY-NC-ND 4.0), with the following specifics:

YewMaker-Owned Content: The CC BY-NC-ND 4.0 licence specifically applies to content created and provided by YewMaker within the MCF Formulary, including data, textual content, graphics, and interface designs. This licence permits sharing, copying, and redistributing the material in any medium or format under the conditions of proper attribution, non-commercial use, and no modifications.

Exclusions: Third-party content or tools incorporated into, linked from, or used in conjunction with the MCF Formulary are not covered under this licence and may have their own terms and conditions.

Third-Party Content and Tools: While the MCF Formulary primarily features content created and owned by YewMaker, governed by the Creative Commons Attribution-NonCommercial-NoDerivs 4.0 International License (CC BY-NC-ND 4.0), it may also reference or incorporate tools and content owned by third parties. Access to and use of such third-party content and tools are subject to the terms and conditions and licences of the respective owners. Users are responsible for reviewing and complying with those terms separately. YewMaker does not endorse, guarantee the accuracy of, or assume liability for any third-party content or tools made available or linked to from the MCF Formulary.

Users should exercise due diligence and discretion when interacting with or relying upon any third-party content or tools, acknowledging that YewMaker's CC BY-NC-ND 4.0 licence does not extend to such third-party materials. Queries regarding the use of third-party content or tools should be directed to the respective owners.

Attribution Guidelines: For using or sharing YewMaker-owned content under the CC BY-NC-ND 4.0 licence, appropriate attribution is required using one of the following:

MCF Formulary by YewMaker, available at https://formulary.yewmaker.com/, accessed on [Date of Access]

or

Taylor H and Rahman N (2024). MCF Formulary by YewMaker https://formulary.yewmaker.com/

or

Taylor H, Mahamdallie S, Sawyer M, Matthew & Rahman N (2024). A Landscape Analysis of Medicine Carbon Footprints Identifies Antibiotics as a Promising Target for Emission Reduction Interventions. http://dx.doi.org/10.2139/ssrn.4633938

Please indicate if any changes were made to the original content. Attribution should not imply YewMaker's endorsement of your use.

Commercial Use and Derivatives: Requests for permissions beyond the scope of this licence, such as for commercial purposes or creating derivative works, should be directed to YewMaker to explore possible licensing arrangements. Please submit the Contact Form or email mcf@yewmaker.com.

Section 6: Privacy and Data Protection

In compliance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, YewMaker is dedicated to safeguarding the privacy of our users. Our Privacy Policy, which is an integral part of these Terms of Use, outlines the specifics of how we collect, use, and protect personal information within the Platform.

Personal Information Handling: We collect only the information necessary for providing our services, including names, email addresses, organisational affiliations, and roles/positions. This information facilitates account creation, platform access, and communication with users about service updates or relevant YewMaker offerings.

Data Security: YewMaker employs robust security measures to prevent unauthorised access or misuse of user data. Personal information is stored securely and is accessible only to authorised personnel.

User Rights: Users have rights under GDPR, including accessing their data, requesting corrections, and, where applicable, deletion of their personal information. Users wishing to exercise these rights should refer to our Privacy Policy for the procedure to follow.

Cookies: Our platform uses cookies to enhance user experience and gather analytics on platform usage. Users have the option to manage cookie preferences through their browser settings.

Policy Updates: Any changes to our Privacy Policy will be communicated directly on our website. Users are encouraged to review the policy periodically to remain informed about their rights and our data protection practices.

Contact Information: For questions or concerns about our privacy practices, users are encouraged to contact us via the Contact Form.

Section 7: Liability and Disclaimers

General Disclaimer: YewMaker provides MCF Formulary, MCF Classifier, and any Services or Future Tools "as is" and without any warranty or condition, express, implied, or statutory. YewMaker specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. YewMaker does not guarantee the accuracy, reliability, completeness, or timeliness of the content within MCF Formulary, MCF Classifier, or any associated services and tools.

Limitation of Liability: In no event shall YewMaker, its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the MCF Formulary, MCF Classifier, or any Future Tools, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

No Medical or Professional Advice: The content provided through the MCF Formulary, MCF Classifier, and any Future Tools is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Content and Service Changes: YewMaker reserves the right to modify, suspend, or discontinue the MCF Formulary, MCF Classifier, and any services or tools (or any part or content thereof) at any time with or without notice. YewMaker will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.

Indemnity: You agree to defend, indemnify, and hold harmless YewMaker, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MCF Formulary, MCF Classifier, or any Future Tools; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the MCF Formulary, MCF Classifier, or any Services or Future Tools.

Jurisdictional Limitations: Users should be aware that legal liability may vary significantly by jurisdiction, and the limitations and disclaimers set forth in these Terms of Use may not apply to all users. YewMaker operates under the laws of England and Wales, and these Terms are designed to comply with those laws. Users accessing the service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Section 8: Governing Law and Jurisdiction

The Terms and any access to or use of the Platform or the Service shall be governed by, and construed in accordance with, English law.

These Terms of Use and any action related thereto shall be governed by and construed in accordance with the laws of England and Wales, regardless of your country of origin or where you access the MCF Formulary. This applies to all matters concerning the use of the MCF Formulary, including but not limited to data protection and privacy matters.

YewMaker is committed to complying with the General Data Protection Regulation (GDPR) and ensuring the protection and privacy of all users' data, in alignment with the high standards of data privacy laws applicable within the European Union and beyond.

By using the MCF Formulary, users agree that any disputes or claims arising out of or in connection with the Terms of Use, or their interpretation, breach, termination, or validity, will be subject to the exclusive jurisdiction of the courts of England and Wales.

Users are encouraged to review our Privacy Policy, which outlines our data protection practices in detail and affirms our commitment to protecting your privacy in accordance with GDPR and other relevant laws.

Section 9: Dispute Resolution and Arbitration

YewMaker is committed to consumer satisfaction and aims to resolve any issues or disputes arising from the use of our Services in a constructive and timely manner. Before pursuing formal arbitration, we encourage users to contact us directly to seek a resolution. We believe that most concerns can be resolved through open communication and are dedicated to addressing your issues to the best of our ability.

Informal Resolution: If you have any dispute with us, we kindly ask that you first contact us by submitting the Contact Form or emailing mcf@yewmaker.com to attempt an informal resolution. We will make reasonable efforts to resolve any issues promptly and efficiently.

Mediation: In the event that an informal resolution does not satisfactorily address your concerns, and before resorting to arbitration, we suggest mediation as a potential means to resolve disputes. Mediation is a voluntary process where both parties work with an impartial mediator to reach a mutually agreeable solution. This process aims to ensure that all parties' views are heard and considered in a confidential setting.

Arbitration: If a dispute cannot be resolved through informal resolution or mediation, then it shall be finally settled by binding arbitration, conducted in English, in accordance with the Rules of Arbitration of the International Chamber of Commerce by a single arbitrator appointed in accordance with those rules. The arbitration will take place in London, England, and the decision of the arbitrator will be final and binding on both parties.

Alternative to Arbitration for EU Users: If you are a consumer residing in the European Union, you may have the right to submit your complaint to an online dispute resolution platform established by the European Commission, which can be accessed at http://ec.europa.eu/consumers/odr/. This platform provides a simple, efficient, fast, low-cost, and out-of-court solution to disputes arising from online transactions.

By agreeing to these Terms of Use, you are waiving your right to seek remedies in court, including the right to a jury trial and to participate in a class action lawsuit. However, you and YewMaker agree that either party may bring an individual action in small claims court if the claim falls within its jurisdictional limits.

Section 10: General Provisions

Changes to Terms of Use: YewMaker reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. When we make changes, we will post the revised Terms of Use on the Platform and update the 'Effective Date' at the top of these Terms. We may also provide additional notice, such as sending an email notification to users who have provided us with their email address. Your continued use of the Platform and Services after any such changes take effect constitutes your acceptance of the new Terms of Use. If you do not agree to the modified Terms, you should discontinue your use of the Platform and Services. We encourage you to review the Terms of Use periodically for any updates or changes.

Amendment: YewMaker reserves the right to modify or amend this Agreement at any time, without prior notice. By continuing to access or use the Platform and Services after any modifications become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Platform or Services.

Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the remainder of the Agreement shall continue in full force and effect.

Waiver: The failure of YewMaker to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer this Agreement, by operation of law or otherwise, without YewMaker’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. YewMaker may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and insure to the benefit of the parties, their successors, and permitted assigns.

No Third-Party Beneficiaries: This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties.

Notices: Any notices or other communications provided by YewMaker under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Email Communications: We use email and other electronic means to stay in touch with Users. For contractual purposes, you (i) consent to receive communications from YewMaker in electronic formats, including via the email address you have submitted or via the Platform; and (ii) agree that the Agreement, including all Terms of Use, agreements, notices, disclosures and other communications that YewMaker provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.

Force Majeure: YewMaker shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond YewMaker’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Headings: The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.

Entire Agreement: This Agreement, including any terms, conditions, and policies expressly referenced herein, together with any legal notices published on the Platform, constitutes the entire agreement between YewMaker and you regarding the Platform and Services. This Agreement supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

You acknowledge that you fully understand these Terms of Use and will be bound by these Terms of Use.

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