Last updated 2nd of July
Terms and Conditions of the MedicBank “Medical Supply Management Platform” Marketplace
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “buyer” or “supplier” or “user”) AND MedicBank HealthCare Limited (UK) Private Limited (hereinafter “Operator” or “MedicBank” ) GOVERNING YOUR USE OF the MedicBank supply chain platform software Service. This Agreement consists of the following terms and conditions (hereinafter the “Terms”).
Note: We periodically update these terms. If You have an active MedicBank account, We will let You know when We update, via an email or in-app notification.
MedicBank Healthcare has made the Medical Supply Management Platform marketplace accessible on the Medical Supply Management Platform address: supplychain.medicbank.co
The purpose of this marketplace is to give companies who access it the ability to obtain supplies of Products for which they have had difficulty in establishing contact with producers/suppliers at affordable prices. Especially companies who have expressed a need for the said Products in a context of emergency, shortage and health crisis.
In this context, the Medical Supply Management Platform can be used in particular for the following cases:
supplying public or private healthcare establishments;
supply to wholesaler-distributors and pharmacies;
supply to companies that need health & safety equipment;
supplying establishments whose activities require them to purchase supplies necessary for the professional activity and the purchase of basic necessities in order to fulfill authorisation requirements.
supplying establishments who have licences/authorisation to procure, operate and distribute dangerous chemicals, drugs, narcotics, barbiturates, machinery and/or devices
supplying companies whose activity or produce is necessary for the proper functioning of the above-mentioned establishments and companies.
it being specified that in all cases, the supply of the above-mentioned stakeholders must be for the sole purpose of covering their own requirements with a view to protecting their employees, patients and respective general public populations from their activities, excluding wholesaler-distributors and pharmacies which are authorised to redistribute the Products purchased on the Medical Supply Management Platform.
In any event, each Marketplace User is responsible for its use of the Marketplace and must verify that its use and activities comply with applicable laws and regulations of their jurisdiction of operation.
“Account”: refers to the area dedicated to a User in which the User can view and manage their profile. Where a buyer can view their purchases and order status. Where a supplier can see their orders, requests and update their product catalogue and other claims.
“Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under common Control with the subject entity.
“Authorities”: means the local government of a supplier or buyer’s jurisdiction
“Buyer”: means any business customer, i.e. acting for purposes falling within the scope of their industrial, commercial, craft or agricultural activity, who has an account and places an order for one or more Products on the platform with one or more Supplier(s) in compliance with the purpose of these Terms.
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
“Customer Data” or “Your Data” means any data provided by a User that MedicBank processes on behalf of a User as a Data Processor in the course of providing Services.
“Customer Personal Data” means User Data relating to person or entity (where entity’s information receives the same protection as Personal Data under applicable Data Protection Laws and Regulations).
“Operator”: refers to the operator of the Medical Supply Management Platform, namely MedicBank Healthcare;
“Order Form” means an ordering document or online order specifying the Services to be provided hereunder that is entered into between buyer, seller and operator or any of Our Affiliates, including any addenda and supplements thereto. By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it Were an original party hereto.
“Party(ies)”: means individually, or together, a User and/or the Operator depending on the context.
“Processing” means any operation or set of operations which is performed upon Customer Data & Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
“Product(s)”: means the product(s) belonging to one of the product categories offered by suppliers for purchase on the Marketplace. The Operator validates the authenticity of all documentation provided by the seller with the relevant authorities in their jurisdiction.
“Medical Supply Management Platform” or “MarketPlace” or “Platform” or “Market Place”: means the Medical Supply Management Platform(s) built by Medicbank HealthCare allowing the connection of Suppliers and Buyers to take place. Accessible at the URL addresses: https://supplychain.medicbank.co/login or https://medicbank19.com
“User”: refers to each Internet user who accesses the Medical Supply Management Platform and uses the Marketplace, whether he or she is acting as a Supplier or Buyer or simply a visitor to the Medical Supply Management Platform.
“User Data” means information relating to a person using MedicBank Services.
“Terms and Conditions” or “T&C” or “T&C’s”: means these Terms and Conditions, the ‘Terms and Conditions of the MedicBank “Medical Supply Management Platform” Marketplace’.
“Services” means the transaction and marketplace functionality that Users utilise to buy and sell products on the platform.
“Stripe”: – Payment gateway utilised by the Medical Supply Management Platform
“Supplier”: means a business that supplies products which it has the license to create and distribute. i.e. acting for purposes falling within the scope of its industrial, commercial, craft or agricultural activity, who offers its Products for sale on the Medical Supply Management Platform.
3. Subject – Description of the Medical Supply Management Platform
The Marketplace responds to a need expressed by the global community, in response to the health crisis referred to in the introduction, to bring together Suppliers and Buyers in order to promote the safe sale of affordable high quality Products (hereinafter “the Purpose”).
Consequently, Users undertake to use the Medical Supply Management Platform and the Marketplace (i) only in strict compliance with these T&C’s, (ii) in accordance with the Purpose, (iii) and within the limits set forth in Article 1 -Introduction- of the T&C’s. Each User thus certifies that they access and use the Medical Supply Management Platform and its Marketplace with full knowledge of the facts and in a responsible manner.
Finally, Users acknowledge that the Marketplace and the Medical Supply Management Platform have been set up for urgent needs in response to a global health crisis as referred to in the Introduction.
4. Access and Use of the Medical Supply Management Platform and Marketplace
Access to and use of the Medical Supply Management Platform and its Marketplace are subject to compliance with these T&C’s and require the User to register on the Medical Supply Management Platform and create an account reserved for them and accessible by using a login and password that are strictly personal.
The creation of an account by a User is only possible after acceptance of the registration request by the Operator, who remains free to accept or refuse a registration request without having to justify its decision and without its liability being incurred in this respect.
The User is informed that some of the Operator’s services are subject to charges.
5. Acceptance of the General Conditions of Use
The T&C’s govern the relationship between the Operator and the User of the Medical Supply Management Platform and/or the Marketplace .
Browsing, purchasing or selling on the Medical Supply Management Platform and/or on the Marketplace implies the User’s unreserved acceptance of the T&C’s.
Any action carried out from their account by a User on the Marketplace is deemed to be carried out in the name and on behalf of the company that they represent and therefore commits the latter(company) without reservation and irrevocably, the logs and recordings of the Medical Supply Management Platform being authentic.
You must be of legal age to enter into a binding agreement in order to accept the Terms. If You do not agree to the Terms, do not use any of our Services. You can accept the Terms by checking a checkbox or clicking on a button indicating Your acceptance of the terms, or by actually using our Platform. Employees or affiliates of businesses offering Services that directly compete with any of MedicBank’s Services are expressly prohibited from accessing any MedicBank’s Services for competitive research or related activities.
6. Opening an account
Access to the Marketplace is subject to the opening of an Account.
The Account is opened by filling in the information requested on the Marketplace. The User is responsible for ensuring that all the information transmitted on the Platform to the Operator is accurate and undertakes to update it without delay if necessary. Any email sent to a User in the context of their use of the Medical Supply Management Platform and its Marketplace, in particular in the context of tracking an order, will be sent to the email address provided when creating their Account.
Each User acknowledges that their codes and identifiers necessary to access their Account are personal and confidential.
Any connection to the Account with a User’s codes and identifiers is deemed to have been made by the said User and any action carried out by a User on the Marketplace is deemed to have been carried out by the latter, the Marketplace logs and records being authentic. Ultimately the company the user represents is responsible for ensuring the actions taken by the user on the Platform and its marketplace are in accordance with the company’s needs.
The User is solely responsible for the confidentiality of his codes and identifiers. Any disclosure of the codes to a third party is prohibited. The User undertakes to implement the security measures, particularly physical and logical, necessary to maintain confidentiality. If the User notices or suspects fraudulent use of the Account by a third party, he or she shall report it to the Operator without delay.
The User undertakes to always use his Account for activities which are in accordance to the needs of the company they represent on the Marketplace.
The Operator reserves the right, at its sole discretion, to carry out maintenance work necessary for the proper functioning of the servers and/or the Medical Supply Management Platform and/or the Marketplace and/or to correct any malfunction(s) and/or to do updates or update published information that may impact the availability of the Medical Supply Management Platform and the Marketplace.
Any interruptions in access to the Medical Supply Management Platform and/or the Marketplace may not give rise to any compensation to the User by the Operator.
The Operator reserves the right, at its sole discretion, to suspend without notice, temporarily or permanently, a User’s access to the Marketplace for any reason related to the non-performance or improper performance of the T&Cs, as well as upon request of an administrative or judicial authority.
Users acknowledge that the suspension of their account, whether temporary or permanent, does not have to be motivated by the Operator.
The suspension of an Account may result in particular from the occurrence of one or more of the following cases, without this list being exhaustive:
In the event of behaviour on the part of a User that does not comply with the applicable regulations and/or these T&Cs;
In the event of refusal to comply with the Operator’s requests or of circumvention of the order and/or payment processes set up on the Medical Supply Management Platform and necessary for its technical operation;
In case of use of the Medical Supply Management Platform by the User for reasons outside its Object ;
If the User has provided inaccurate, out-of-date or incomplete identification information;
In the event of fraud, attempted fraud or risk of fraud ;
In the event of non-payment by the Purchaser of all or part of the sums due to the Supplier ;
In the event of a breach of confidentiality ;
In the event that a Supplier obtains an evaluation on the Medical Supply Management Platform Medical Supply Management Platform, less than 3.5 out of 5 (three and a half out of five) ;
In the event of refusal of orders by the Supplier resulting in an order acceptance rate of less than 78 (seventy-eight)% for a period of one month ;
In the event of a delay of more than 72 (seventy-two) hours between receipt and acceptance of an order by the Supplier;
In the event of a response time of more than 3 (three) days for acceptance or rejection by the Supplier of a Purchaser’s order;
In the event of incidents reported on the Medical Supply Management Platform representing more than 10 (ten) % of the number of orders received by the Supplier ;
In all cases, suspension of access to the Marketplace may lead to the termination of the contractual relationship defined by these T&C’s, under the conditions set out in Article 16, without the User being able to claim any compensation whatsoever.
9. Obligations of the Parties
9.1.Obligations of the User
The User acknowledges that the Medical Supply Management Platform and the Marketplace are made available by the Operator to facilitate intermediation between Suppliers and Buyers.
Consequently, in the context of the use of the Medical Supply Management Platform and the Marketplace, each User is notably obliged to:
ensure that the Medical Supply Management Platform is used only in strict compliance with its Purpose and, where applicable, with the instructions and recommendations of the Authorities within the jurisdiction of the user;
to comply with the laws and regulations in force in their jurisdiction, to respect the rights of third parties and not to infringe upon public order and morality in their jurisdiction, including obligations relating to freedom of the press within their jurisdiction;
respect the stipulations of the T&C’s;
not to detract in any way whatsoever from the purpose of the Medical Supply Management Platform and its Marketplace;
not to attempt to undermine the automated data processing systems or algorithms implemented for the Medical Supply Management Platform ;
not to modify the information put online by the Operator or by another User;
not to disseminate data or information of any nature whatsoever having the effect of disorganising, diminishing, slowing down or interrupting the normal operation of the Operator, the Medical Supply Management Platform and/or the Marketplace;
respect all intellectual property rights of the Operator and other Users.
9.2.Obligations of the Operator
The Operator is only bound by an obligation of means in the context of providing the Medical Supply Management Platform and making the Marketplace available. Consequently, Users acknowledge that the Operator has no enhanced obligation of means or results.
In its capacity as host, the Operator is under no general obligation to monitor the content it hosts and therefore cannot be held liable for the content published on the Marketplace. However, the Operator undertakes to make its best efforts to remove or make inaccessible any content deemed illicit within a jurisdiction as soon as it has been informed of it by a User in accordance with the forms and under the conditions provided for by Law in the respective jurisdiction.
The Operator may also offer on the Medical Supply Management Platform a system for the evaluation of Suppliers by Buyers which is public and can be consulted by other Users of the Marketplace. The Operator shall use its best efforts to prevent notices contrary to legal or regulatory provisions and more generally to the T&C’s from being accessible on the Medical Supply Management Platform and the Marketplace. The notices are published under the full and sole responsibility of their authors and are not subject to prior moderation by the Operator. As a content host, the Operator cannot be held responsible for content for which it is not the author.
The Operator undertakes, as part of its obligation of means, to ensure continuity of access and use of the Medical Supply Management Platform and the Marketplace on a continuous basis, 7 days a week and 24 hours a day.
10. Responsibility of the Parties
10.1 Responsibility of the Operator
10.1.1 No warranty
The Medical Supply Management Platform and the Marketplace are provided “as is” and without warranty of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, the Operator disclaims all warranties, express or implied, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Operator does not warrant that (i) the operation of the Medical Supply Management Platform or the Marketplace will meet the User’s needs; (ii) access to the Medical Supply Management Platform or the Marketplace will be uninterrupted, secure, free of viruses or other harmful components, or free of defects or errors; (iii) the information that may be obtained through the use of the Medical Supply Management Platform will be accurate and reliable; or (iv) defects will be corrected.
10.1.2 Exclusions of liability
The Operator declines all responsibility, in particular in the following cases:
Partial or total failure of the Medical Supply Management Platform and the Marketplace;
Partial or total inability to access the Medical Supply Management Platform or its Marketplace in the event of maintenance operations of any duration whatsoever, as referred to in Article 7, such failure not giving rise to any compensation of any kind whatsoever on the part of the Operator.
In the event of malfunctions or interruptions in the transmission networks necessary for the operation of the Medical Supply Management Platform or its Marketplace ;
In case of virus attacks, illicit intrusion into an automated data processing system;
In the event of abnormal use of the Medical Supply Management Platform or the Marketplace by a User, in which case the User is then solely responsible for any damage caused to third parties and the consequences of any claims or actions that may result.
In the event of illegal exploitation of the Medical Supply Management Platform or the Marketplace by a third party;
In case of non-compliance with the T&C;s attributable to Users ;
In case of delay or non-performance of its obligations, when the cause of the delay or non-performance is related to a case of force majeure as defined in Article 17 of the T&C’s;
In the event of a foreign cause not attributable to the Operator ;
In the event of unlawful conduct by a User, or breach of contract by a User;
For any dispute between Supplier and Buyer encountered in connection with the sale of the Products.
10.1.3 Limitation of liability
In any event, the Operator’s liability shall be limited, in the event of a fault which is directly attributable to it and proven, all damages combined, to the payment of damages and interest in an amount equal to 1000 pounds.
Indirect damage as well as damage due to loss of data, loss of business, loss of turnover, profit, business, exploitation of opportunities, customers, reputation or business interruption cannot be the subject of a claim for compensation and compensation is excluded.
10.1.4 Hosting quality
As indicated in Article 9.2 above, the Operator acts as a host and is not bound by any general obligation to monitor the content it hosts. Consequently, the Operator shall not be held liable for the contents that are available on the Medical Supply Management Platform, including the presentation and/or description of the Products and the notices that would be published by Buyers, unless it does not promptly make them inaccessible after having been informed of their illegality under the conditions provided for by law of an offending jurisdiction.
Users acknowledge that the Operator acts as a host within the meaning of the Law of their jurisdiction and is therefore subject to a limited liability regime.
10.2.Responsibility of the Users
Users are responsible for obtaining access to the Internet and the respective equipment necessary to use the Services.
Any content published by Users on the Medical Supply Management Platform and/or the Marketplace is distributed by them under their sole and entire responsibility.
The Product offers published by the Suppliers are distributed by the latter on the Medical Supply Management Platform under their sole and entire responsibility. In respect to delivery the Operator will handle cargo distribution as pre-agreed with each supplier on either an x works, FOB Origin or FOB arrival agreement.
The Supplier guarantees that it has the necessary authorisations for the sale of the Products it offers to the Buyers via the Marketplace. The Supplier guarantees that the Products offered via the Marketplace, as well as their presentation and descriptions, comply with the laws and regulations in force in their jurisdiction and that they do not infringe the rights of third parties. In this respect, the Supplier guarantees, in particular, that it does not offer any counterfeit product within the meaning of the Intellectual Property Codes of their respective jurisdictions or any product whose marketing is limited by virtue of legislative, regulatory or contractual provisions in their jurisdiction (in particular due to the existence of a selective distribution network).
The Supplier also undertakes to deal with any complaints from the Buyers and to make it their personal business to settle any disputes that may arise with the Buyers. The Operator shall in no event be held liable in the event that a claim is made against a Supplier.
Buyers are responsible for the orders they place on the Medical Supply Management Platform and for paying the Supplier the agreed price for each order via the Platform. Buyers are also responsible for the requests they publish on the Medical Supply Management Platform. In this respect, the Buyers undertake to publish requests containing relevant and non-misleading information, it being specified that the content of the requests must not be contrary to public order and good morals, laws and regulations or infringe on an intellectual property right, personality rights or the rights of third parties in all jurisdictions.
In general, each User is responsible for his acts and obligations towards other Users or the Operator under the conditions and within the limits set by common law.
Restrictions on Use
Users shall not:
Transfer or otherwise make available to any third party the Services
Provide any Service based on the Services without prior written permission
Use the third party links to sites without agreeing to their Website terms & conditions
Post links to third party sites or use their logo, company name, etc. without their prior written permission or
Use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another.
Use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email.
We reserve the right to terminate Your access to the Services if there are reasonable grounds to believe that You have used the Services for any illegal or unauthorized activity.
Users agree to:
Provide true, accurate, current and complete information as prompted by the signup process; and
maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.
If a user provides any information that is untrue, inaccurate, outdated, or incomplete, or if MedicBank has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, MedicBank may terminate the Users account and refuse current or future use of any or all of the Services.
Users are responsible for the secure use of the Services. This includes securing their User account authentication credentials, protecting the security of their data when in transit to and from the Services and taking any appropriate steps to securely encrypt or export any data uploaded to the Services. Users are additionally responsible for ensuring that they do not accidentally make any private content publicly available.
Users agree to use commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify the operator promptly of any such unauthorized access or use.
11. Personal Data
The Operator is required to collect and process personal data relating to the User for the sole purpose of allowing access to the Medical Supply Management Platform and the Marketplace, managing the User’s account and placing orders for Products on the Marketplace. To learn more about the processing of their personal data, the User may consult the Personal Data Protection Policy, transmitted in the context of the use of the Medical Supply Management Platform.
Users acknowledge the confidential nature of all information exchanged between the Parties for the execution of the present agreement and undertake to keep it confidential.
Confidential Information” means any information of a Party communicated, entrusted or obtained in any form whatsoever, whether oral or written, directly or indirectly, by the other Party.
The User who receives Confidential Information undertakes during the duration of the T&C’s and for five (5) years from their term, whatever the cause, to ensure that Confidential Information from another User or from the Operator who transmits it :
be protected and kept strictly confidential, and be treated with the same degree of care and protection as it accords to its own Confidential Information;
are transmitted only to members of its staff, third party service providers or subcontractors who have to know them and are used by the latter only to enable the execution of the T&C’s;
are not used, in whole or in part, for any purpose other than that defined by this Article without the prior written consent of the Party which transmitted them and, in particular, are not sold, transferred, leased or otherwise commercially exploited; and
are not copied, reproduced or duplicated in whole or in part except (i) where necessary to perform the obligations under the T&C’s and/or (ii) with the specific prior written consent of the Party from which they originate.
In the event of disclosure to a third party service provider or subcontractor, each User undertakes to have this third party service provider or subcontractor sign a confidentiality agreement containing the terms of this article.
Each User shall be responsible for compliance with the obligations set forth in this Article by its employees, subcontractors or agents and shall be liable for any disclosure made in violation of this Article by them. In the event of any disclosure made in violation of this Article, the User who becomes aware of such disclosure shall notify the Users concerned and the Operator without delay.
The obligations of confidentiality defined in this article do not apply to Confidential Information :
publicly disclosed prior to their communication under the T&C’s or after such communication but in this case in the absence of any fault and violation of the provisions of this article;
already known to the User to whom it is communicated, this can be demonstrated by the existence of appropriate documents in his files ;
received from a third party in a lawful manner, without restriction or violation of the provisions of this Article ;
resulting from internal developments undertaken in good faith by employees who have not had access to Confidential Information;
in the event of a legal obligation on the part of the Operator or its service providers to disclose information to a competent administration or authority.
13. Intellectual Property
13.1.1 Enforcement of intellectual property rights
Each User acknowledges that the Marketplace and the Products offered for sale there may be protected by intellectual property rights. Consequently, each User undertakes to respect the intellectual property rights of other Users and those of the Operator.
The Supplier guarantees that it has the necessary authorisations for the sale of the Products that it offers to the Buyers via the Marketplace. The Supplier guarantees that the Products offered via the Marketplace, as well as their presentation and description, comply with the laws and regulations in force in their jurisdiction and that they do not infringe the rights of third parties. In this respect, the Supplier guarantees, in particular, that it does not offer any counterfeit product within the meaning of the English law Intellectual Property Code or any product whose marketing is limited by virtue of legislative, regulatory or contractual provisions (in particular due to the existence of a selective distribution network).
13.1.2 Pre-existing elements
Each User retains exclusive ownership of the intellectual property rights and ownership of the know-how and methodologies belonging to him/her prior to acceptance of these T&C’s, as well as any improvements, additions or supplements that he/she may make to them during the performance of the T&C’s.
13.1.3 Medical Supply Management Platform
All texts, comments, works, illustrations and images reproduced or represented on the Medical Supply Management Platform are strictly reserved under copyright as well as under any other intellectual property right, for the entire duration of the protection of these rights and for the entire world. Any total or partial reproduction or representation of the Medical Supply Management Platform or of all or part of the elements on the Medical Supply Management Platform is strictly prohibited.
Any copy or reproduction by any process whatsoever would constitute an infringement punishable by the penalties provided for in the Intellectual Property Code.
The trademarks appearing on the Medical Supply Management Platform are the property of their owner and any unauthorised use by the latter would constitute an act of counterfeiting.
13.2 Intellectual property relating to the Medical Supply Management Platform
All intellectual property rights existing in the Marketplace (and the underlying software) (together the “Service“) and documentation for the Service are and remain the property of MedicBank Healthcare Limited and/or its licensors. Users agree not to infringe, directly or indirectly, any rights held by MedicBank Healthcare Limited and/or its licensors. Accordingly, Users agree not to, among other things, :
any form of unauthorized use of the Service and its documentation, in any way whatsoever, for the purpose of designing, producing, distributing or marketing similar, equivalent or substitute services,
adapting, modifying, transforming, arranging the Service and documentation for any reason, including to correct malfunctions,
any decompilation, reverse engineering or disassembly of the Service, in whole or in part,
subject to the other provisions of the T&C’s, any assignment, transfer, rental, total or partial, whether for consideration or free of charge, of the Service,
any direct or indirect transcription, any translation into other languages of the Service and documentation,
any modification or circumvention of the protection code such as, in particular, access codes or identifiers,
the placing on the market, whether in return for payment or free of charge, including rental, of the Service and/or its documentation by any process or of any derivative work.
Each User declares that he or she holds a civil liability insurance policy covering (i) the financial consequences of his or her contractual as well as tortious or quasi-tortious liability in the context of his or her professional activity, and (ii) the financial consequences of any damage he or she may cause in the context of his or her professional activity.
Each seller insures that they have a product liability insurance policy covering right to recourse for contaminated or faulty products sold by them on the platform. Including products that do not match up to the quality standards shown in documentation or sent as a sample to a buyer in order to initiate a high volume order.
15. Convention on Evidence
The Users agree that the recordings made by the Operator’s equipment and the electronic exchanges between the Parties are authentic and shall be considered as proof between the Parties in application of the Sale of Goods Act 1979. To this end, it is expressly agreed that all technical information concerning the Users, as well as electronic exchanges of any kind whatsoever with the Users (in particular by e-mail, internal messages within the Service, etc.) may be kept and archived by the Operator for evidentiary purposes.
16. Term – Termination
The T&C’s are applicable as of their acceptance by the User which comes into affect upon receiving and using a User account. The T&C’s are also applicable until the latest of the following dates;
the closure of the Medical Supply Management Platform and its Marketplace;
the deletion of the User’s Account ;
inactivity of the User’s account for more than 6 months;
notification by the Operator to the User of new T&C’s of the Medical Supply Management Platform.
The Operator may terminate the operation of the Medical Supply Management Platform and the Marketplace without notice and without the User being able to claim any compensation.
Each User may at any time give up using the Medical Supply Management Platform and the Marketplace but remains liable for any previous use.
The User acknowledges and agrees to be free to browse the Medical Supply Management Platform and to use or not use the Marketplace at any time.
The Operator and the User may terminate this agreement in case of violation of the T&C’s by the other Party. In the event that the termination occurs at the initiative of the Operator, the Buyers shall remain liable for the payment of the Products that would have been purchased from the Suppliers through the use of the Marketplace until the termination. Conversely, the Supplier shall remain committed to deliver the orders it has accepted.
In addition, the Operator may at its discretion cease to offer or deny access, temporarily or permanently, to all or part of the Services to a User who does not comply with these T&C’s, as set out in this agreement.
17. Force Majeure
The Operator shall not be liable for any cause or situation beyond its reasonable control.
Cases of force majeure include, but are not limited to, events recognised as such by the English courts, hacker attacks, natural disasters, acts of war, disturbances threatening the maintenance of public order, epidemics, fires, floods and other natural disasters, government actions, strikes and technical and electrical problems external to the Operator and preventing any communication. The Operator will make its best efforts to inform the User in the event of the occurrence of any of the aforementioned events.
In such a case, the User may not claim payment of any compensation and may not take any action against the Operator.
18. Applicable Law – Competent Jurisdiction
The General Conditions of Use are subject to English law.
Any dispute to which the T&C’s may give rise, concerning their validity, interpretation, execution, termination, consequences or consequences, shall be subject, prior to any legal action, to an amicable solution being sought between the Parties within a period of 60 (sixty) days.
In the absence of an amicable agreement, the disputes referred to above to which the T&C’s could give rise will be subject to the jurisdiction of the Courts of England & Wales, notwithstanding plurality of defendants or appeal in warranty, even for conservatory proceedings, in summary proceedings or by petition.
19. Independence of the Parties
Each Party shall be deemed to be acting on its own initiative. None of the provisions of these Terms and Conditions shall qualify these Terms and Conditions as a partnership agreement, joint venture or agency agreement between the Parties for any reason whatsoever.
20. Modification of the T&C’s
The Conditions in force may be consulted at any time by Users under the heading “General Conditions of Use”, accessible on the Medical Supply Management Platform and its Marketplace.
The Operator reserves the right to update the T&C’s at any time, in which case the above “last update” mention will be modified accordingly. It is the responsibility of each User to regularly consult these T&C’s. Consultation and use of the Medical Supply Management Platform and its Marketplace after an update of the T&C’s shall constitute acceptance of the modifications by the User.
If one or more stipulations of these Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.