Date 22/11/2023
Contents
1- Preamble
The 'LINKTOPHARMA' Platform is a B2B and B2C networking platform offering a space for exhibition, communication, research, prospecting and contact in the field of materials, supplies, equipment used in the pharmaceutical industry and related services (hereinafter referred to as 'Products').
The Platform is owned and managed by ONE STOP PHARMA CONNECT, whose contact details are detailed below.
ONE STOP PHARMA CONNECT holds all intellectual property rights to the 'LINKTOPHARMA' Platform.
The Platform does not act as a 'sales company'. Its mission is limited to simple online support, the purpose of which is to put 'Customer' and 'Supplier' Users of products admitted to our Platform in contact with each other, by hosting the content of the product descriptions put online by the 'Suppliers' so that 'Customers' can consult them and contact the 'Supplier' about the product offered.
As a result, our Platform does not intervene in any way in the transaction between 'Customers' and 'Suppliers' and does not guarantee in any way whatsoever either the quality and conformity of the products or the progress and conclusion of the transaction.
The Platform disclaims all liability in the event of any dispute, claim or damage resulting directly or indirectly from the activity of one or more Customers and/or Suppliers.
Users, Customers and Suppliers of the Platform and all associated services acknowledge that they have read and accepted all the provisions of these General Terms and Conditions without reservation.
2- Definitions :
For the purposes of these Terms and Conditions of Use, the following definitions shall apply:
Platform: the 'Linktopharma' platform.
Products: materials, supplies, equipment used in the pharmaceutical industry and authorized related services offered on the 'Linktopharma' Platform.
Users: all Customers and/or Suppliers registered and using the 'Linktopharma' Platform.
3- Role of the Platform :
The Platform offers an exhibition, communication, research, prospecting and contact space for Customers and third-party Suppliers. Its role is limited to this simple definition of intermediary.
The Supplier remains at all times solely responsible to the Customer for the products it offers on the Platform. The Customer must contact the relevant Supplier of the product by following the process defined in the Dispute Resolution Policy.
The Platform does not guarantee any commercial result to users.
4- Registration and account opening :
General conditions of registration
Registration on the Platform is reserved for persons legally capable of entering into contracts under Algerian law.
For Individual Customers, registration is not available for minors under the age of 19. Persons who do not meet this condition and who do not have full legal capacity must not use our services.
For 'Professional' Customers and for 'Suppliers', the Platform is reserved for traders, natural or legal persons, duly registered with the national or foreign authorities responsible for registration in the Commercial Register, fulfilling all the necessary conditions and possessing any authorizations required for the exercise of their activities.
Persons registering as 'Suppliers' acknowledge and declare that they have the power or authorization to bind the company on whose behalf they are acting.
Users of the Platform, 'Customers' and 'Suppliers', declare that they accept these General Terms and Conditions and guarantee that they will comply with the conditions set out herein.
Special terms and conditions
To register and create an account on the Platform, Users must have an e-mail address and choose an identifier (unique for each user) and a password, which they must keep confidential and for which they remain responsible for any use in the event of disclosure.
In order to verify the identity of Users, they must provide a copy of the following documents:
- ID for individuals wishing to have a verified profile. Individuals may register on the Platform without providing proof of identity, but their profiles will be designated as 'unverified'.
- Trade register for professionals (natural or legal persons) .
- If the supplier is not the manufacturer or direct service provider, a valid contract is required for representatives, distributors or consolidators.
Business registers and identification documents are kept for the duration of the account's validity. They will be kept for 2 years after deletion or closure of the account.
The use of accounts created on our Platform is strictly personal. Under no circumstances may the account be transferred or assigned to a third party without our express written consent.
In the event that a User authorizes the management of his/her account by a third party, the User assumes all risk or misuse resulting therefrom.
An account created on our Platform may be cancelled or deleted by the User at any time, without prior notice or reason.
The Platform reserves the right to suspend or cancel a User's account, under the same conditions, in the event of a breach of one or more of its obligations.
5- User obligations :
Users of the 'Linktopharma' Platform undertake to comply with their obligations arising from the present general terms and conditions as well as their legal obligations. In this respect, Users undertake to :
- Fill in and complete the conditions required for registration on the platform before offering their products and services. Non-completed profiles will be automatically removed from the platform after 30 days.
- Not act or refrain from acting in a way that could damage the reputation of the platform or ONE STOP PHARMA CONNECT company .
- Comply with legal and regulatory requirements relating to their business activities, in particular requirements resulting from a law in force, a regulation, a code of good practice, a directive or a regulation.
- Not to offer, in the descriptions of products or services on the platform, products that are not compliant, or that do not meet legal requirements in terms of product quality.
- Notify the platform of any element, event or act likely to affect the proper performance of its obligations under the general terms and conditions.
In general, the user undertakes to collaborate with the 'Linktopharma' Platform in all loyalty and to provide all information and elements necessary or useful for the execution of the present general conditions of use.
6- Due diligence, audit and data communication :
In order to ensure compliance with these General Terms and Conditions, the Platform reserves the right to carry out prior checks on all Users, who undertake to provide us with all necessary information or documents.
The Platform may also disclose such information and information relating to the activity of Users on the Platform insofar as required by applicable law or regulation, in particular at the request of authorized administrative or judicial authorities.
7- Use of the Platform: General Terms and Conditions :
The Platform is an online space for facilitating contact and transactions between Suppliers placing their products on our Platform, and Customers wishing to consult, obtain information about or purchase the products offered by the Suppliers.
The transactions carried out will be subject to the Supplier's commercial conditions and/or those agreed with the Customer. The Platform is in no way a party to said transactions.
Nevertheless, Suppliers declare that they accept and apply the following conditions:
8- Rules relating to product descriptions and their content :
In these General Terms and Conditions, 'content' means product description describing products and includes text, graphics, images, audiovisual content, files, or any other digital content.
Content must be genuine, complete, accurate and in compliance with these Terms and Conditions.
Product description must be placed in the appropriate category. The Supplier is solely responsible for choosing the category in which it wishes to list its product descriptions. Nevertheless, the Platform reserves the right to modify, if necessary, the listing of product description that does not appear in the category appropriate to its content. The listing of a product description by a Supplier in a given category does not in any way constitute a guarantee by the Platform of the authenticity or origin of the product.
Suppliers undertake to respect the rules required by law and ethical standards with regard to the content of their product description.
Thus, Suppliers must avoid any content that is illicit, offensive, obscene, indecent, violent, hateful, fraudulent, abusive, discriminatory, defamatory, etc.
The Platform may review content before or after it is posted and reserves the right to remove any content, at its discretion, for any reason whatsoever.
Suppliers are also required to respect, with regard to content :
- Copyrights, trademarks, models, designs, patents and other industrial property rights.
- Personal privacy rights.
- All legal and/or judicial prescriptions.
Any legal action relating to content may not be brought against our Platform. It must concern the Supplier, author of the product description who remains solely responsible for its content.
9- Content control :
Without prejudice to any other rights under these Terms and Conditions, if a User breaches the content rules in any way, or if the Platform reasonably suspects that a User has breached one or more of the content rules, the Platform reserves the right to delete, cancel the product description or modify all or part of its content.
Users of the Platform are invited to report any product description, content or activity that they consider inappropriate or contrary to the aforementioned rules, by contacting us using the contact details set out below.
10- Payments, returns and refunds :
As the Platform is an online platform for facilitating contact, all transactions concluded between Suppliers and Customers, payments, returns and refunds will be subject to the Supplier's commercial conditions and/or those agreed with the Customer. The Platform remains outside the scope of this contractual relationship, and its role is limited to facilitating contact.
11- Interaction and evaluation:
Functions enabling Platform Users to give their opinions and comments may be used for evaluations. Customers and Suppliers undertake to provide only accurate and objective evaluations and to avoid any criticism and/or inaccurate, inauthentic or false opinions.
The Platform cannot be held responsible for interactions between Users, who must exercise caution, particularly with regard to the communication of personal information, details of means of payment, etc.
12- Restrictions on use of the Platform :
The Platform reserves the right, where necessary, to restrict, suspend or prohibit access to the Platform or to certain of its functions or parts.
Users of the Platform must observe the generally accepted rules governing the use of online matchmaking platforms, and in particular refrain from using the Platform
- in a manner contrary to ethical and legal rules, or for illegal or fraudulent purposes.
- in a way that damages its integrity, accessibility, security or performance.
13- Intellectual property rights :
Registration on the Platform does not authorize the user to use its logos and other registered and unregistered trademarks, and such use may constitute a violation of the Platform's rights.
14- Data confidentiality:
Users agree to the processing of their personal data in accordance with the regulations in force, the conditions defined in these General Terms and Conditions, the Platform's privacy policy and Cookies.
The Platform is not responsible for any misuse of personal data by Suppliers, who remain directly liable to Customers.
15- Data protection:
Users have the right to access, modify, rectify and delete data concerning them as long as they have a valid and active account.
The Platform undertakes to comply with all legislative and regulatory provisions relating to the protection of personal data, in particular law 18-07.
This right may be exercised by contacting the Platform using the contact details below.
16- Limitations and exclusions of liability:
The Platform does not guarantee trouble-free operation, particularly in the event of unforeseeable, irresistible events beyond our control, which fall within the generally accepted cases of force majeure, including piracy, viruses, malware or other attacks on the Platform. In such cases, the Platform reserves the right to suspend or modify all or part of its services without notice or compensation.
In other cases not covered by force majeure, users will be notified of any interruption or modification at least ten (10) days prior to its implementation.
Without prejudice to the applicable legal and regulatory provisions on liability and the present General Terms and Conditions, the Platform :
- Is not liable for any damage in respect of the services offered free of charge on the Platform, for any loss occasioned by an interruption or malfunction arising from an event beyond its control, or for any economic or commercial loss suffered by the User.
- shall only be liable, in respect of any contract for the provision of paid services under these General Terms and Conditions, up to the limit of the total amount paid to it in consideration for the service associated with each transaction, each of which represents a separate contract.
17- Violation of these General Terms and Conditions
The duly registered User's account remains open and active indefinitely, subject to these General Terms and Conditions.
Any User who violates these General Terms and Conditions, or who is reasonably suspected of having violated these General Terms and Conditions in any way whatsoever, may be subject to:
- temporarily suspend their access to the Platform;
- permanently bar access to the Platform;
- take legal action against it.
18- Waiver :
No waiver of any breach of any provision of these Terms and Conditions shall be construed as a further or continuing waiver of any other breach of such provision or of any breach of any other provision of these Terms and Conditions.
19- Severability :
If any provision of these Terms and Conditions becomes by operation of law, or is found by any court or other competent authority to be illegal and/or unenforceable, the remaining provisions shall remain in full force and effect.
20- Entire agreement :
The present General Terms and Conditions, together with any other declarations, policies and guidelines accessible on the Platform, constitute the entire agreement between the Platform and Users with regard to the use of the Platform and supersede any previous agreement.
21- Review, modification and supplement:
These General Terms and Conditions may be revised, amended or supplemented. Any modification, revision or supplement will be communicated to users and published on the Platform.
Revised General Terms and Conditions apply from the date of their publication on the Platform.
Users who do not accept the revised General Terms and Conditions are required to close their accounts. Otherwise, they are presumed to have accepted them.
22- Assignment :
The User hereby accepts that the Platform may assign, transfer, subcontract or otherwise deal with its rights and/or obligations under these General Terms and Conditions.
The User may not, without our prior written consent, assign, transfer, subcontract or otherwise deal with its rights and/or obligations under these Terms and Conditions.
23- Applicable law and jurisdiction :
These General Terms and Conditions shall be governed by and construed in accordance with Algerian law.
Any dispute relating to these General Terms and Conditions which is not settled amicably shall be subject to the exclusive jurisdiction of the courts having jurisdiction over our registered office mentioned below.
24- Contact details and notifications:
The User may contact the Platform using the following contact details:
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