MedFind is a medical e-commerce platform that makes it possible to put Buyers and Sellers in contact. The present Terms and Conditions of Use (hereinafter "T&Cs") govern the use of the Website according to the conditions outlined below.\
YOU ACKNOWLEDGE THAT THE PRESENT GENERAL CONDITIONS ARE LEGALLY BINDING AND THAT YOU ACCEPT THEM.
ARTICLE 1: DEFINITIONS
- “Article”: refers to any content (text, photograph, video, etc.) relating to a Seller or their Products online on the Website, including, where applicable, brochures or technical data sheets for the Products, information or trends relating to the business field, a Seller's project, etc.
- “Buyer” or “Potential Buyer”: refers to any person or company, who accesses and browses the Website. The Potential Buyer must have the capacity to contract or otherwise commit himself or herself with the authorization of his or her legal representative.
- “Seller”: refers to any manufacturer, distributor listed on the Website.
- “Trusted Buyer”: refers to any Potential Buyer who has registered on the website and is vetted.
- “Verified Seller”: refers to any Seller who has registered on the website and is vetted.
- “Product”: refers to any product (and where applicable, any service) offered by the Seller and listed on the Website.
- “Services”: refers to all of the services offered to Potential Buyers by MedGroup LLC on the Website.
- “Website”: refers to medfind.me – Sourcing all things medical
- “MedGroup LLC”: refers to MedGroup Solution, an LLC registered under license number L20000151513 in the USA and 97186 in the UAE
ARTICLE 2: PURPOSE AND ACCEPTANCE OF THE T&CS
2.1. PURPOSE OF THE T&CS
The purpose of the present General Conditions of Use is to establish the contractual provisions relating to the respective rights and obligations of MedGroup LLC and the Potential Buyers concerning the use of the Website and the Services offered on it.
The relationship between MedGroup LLC and the Seller is governed by the general conditions of sale applicable to Sellers. Any professional who wants to become a Seller on the Website must contact MedGroup LLC by filling in the form available on the Website.
2.2. ACCEPTANCE OF THE T&CS
The use of the functionalities of the Website and of the Services implies the acceptance of the T&CS.
The acceptance of the General Conditions by one of the employees or associates of the Potential Buyer as a legal entity is deemed to be made in the name and on behalf of said Potential Buyer by a duly authorized person.
ARTICLE 3. WEBSITE AND SERVICES
The Services are provided free of charge by MedGroup LLC to Potential Buyers on the Website. Certain services require the creation of an account or the identification of the Potential Buyer.
3.1. PURPOSE OF THE WEBSITE
The purpose of the Website is to present the Sellers' Products and Articles to Potential Buyers, to provide Potential Buyers with information and allow them to create an account and benefit from the associated functionalities, or to be put in contact with one or more Sellers.
The equipment required to access and use the Website is the responsibility of the Potential Buyer, as are the telecommunications costs incurred by their use.
It should be noted that MedGroup LLC is not the owner or seller of the Products and has no control over the Articles listed on the Website (its sole role may, if necessary, be limited to the formatting or translation of content provided by the Seller).
Similarly, MedGroup LLC does not participate in the relationship or possible contract between the Seller and the Potential Buyer, who perform their respective obligations under their own responsibility.
By listing Sellers' Products and Articles in order to put them in contact with a Potential Buyer, MedGroup LLC intervenes only in the following qualities:
- Hosting in the sense of the Country law for trust in the digital economy;
- Online platform operator according to the Country law for a Digital World
All of the Articles, indications relating to the Products or to the Seller's points of sale (information sheets, characteristics, possible prices, etc.) are established by the Sellers (and/or are publicly available on the Internet) without the intervention of MedGroup LLC on the content (except, where applicable, formatting and the translation of the content, it being specified that the translation of the Product descriptions is done via automated software).
MedGroup LLC cannot therefore be held responsible for information provided by Sellers or publicly available about their Products, for which MedGroup LLC does not have the status of publisher. MedGroup LLC also publishes content on the Website, including thematic e-magazines, accessible online on the Website. The Potential Buyer can subscribe to these e-magazines as well as generally to MedGroup LLC newsletters by filling in the intended form on the Website.
3.2. PRODUCT SEARCH AND CREATION OF AN ACCOUNT OR REQUEST
The Website allows Potential Buyers to search for Products, consult information related to these Products or to the Sellers and/or be referred to their website, depending on the functionalities offered on the Website.
If this functionality is available to the Seller concerned, the Website allows Potential Buyers to make additional requests directly to the Seller concerning the Products likely to interest them.
To make a request, the Potential Buyer will need to create an account or sign in, according to the process outlined on the Website.
The Buyer or Identified Buyer agrees to provide MedGroup LLC with accurate, faithful and up-to-date data, which does not infringe, in any way whatsoever, the rights of third parties, and to communicate to MedGroup LLC any necessary updating of the data communicated at the time of its entry.
Once the Buyer has signed up, he or she will receive an account creation confirmation email from MedFind.
When creating an account, the Buyer must provide an email address and password that are personal and confidential. The Buyer undertakes to ensure the confidentiality of his or her email address and password and will be liable for fraudulent use of his or her login info due to fault or negligence on his or her part. Any Buyers who are aware of fraudulent use of their login details must inform MedGroup LLC as soon as possible.
The account allows the Buyer to benefit from additional functionalities accessible with the said account, for example to place Products among his or her "favorites" saved in his or her account, access the distributor map for a Product (if available), access requests made to Sellers, manage his or her subscriptions to e-magazines or newsletters, etc.
ARTICLE 4. POTENTIAL BUYERS’ OBLIGATIONS
In the context of the use of the Website, each Potential Buyer undertakes not to infringe public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of the T&CS.
Specifically, every Potential Buyer is obligated to:
- Behave in a fair and reasonable way with regard to MedGroup LLC, the Sellers and third parties;
- Be honest and sincere in the information provided to MedGroup LLC and, where applicable, to Sellers and third parties;
- Use the Website in full compliance with its purpose as described in the T&CS;
- Not divert the purpose of the Website in particular to commit crimes, offenses or infractions punishable by the Penal Code or any other law;
- Respect the privacy of third parties and the confidentiality of conversations;
- Respect the intellectual property rights of MedGroup LLC related to the Website's elements;
- Not seek to undermine the meaning of Articles … and following of the Criminal Code of the USA for automated data processing systems implemented on the Website;
- Not modify the information put online by MedGroup LLC or a Seller;
- Not use the Website to send unsolicited messages on a massive scale (advertising or other);
- Not disseminate data that has the effect of diminishing, disorganizing, slowing down or interrupting the normal operation of the Website.
ARTICLE 5. INTELLECTUAL PROPERTY
The brands, logos, slogans, graphics, photographs, animations, videos, software solutions and text and any other content on the Website are the exclusive intellectual property of MedGroup LLC or the Sellers and may not be reproduced, used or represented without express authorization subject to legal proceedings.
Any partial or total reproduction of the Website or its content by whatever means without the express prior authorization of the owner of the rights to said content is prohibited and shall constitute an infringement punishable under Articles … and following of the United States Intellectual Property Code.
In particular, MedGroup LLC expressly prohibits:
- The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content from its database to another medium, by any means and in any form whatsoever;
- Reuse, by making all or a qualitatively or quantitatively substantial part of the database content available to the public, whatever the form;
- The reproduction, extraction or reuse, by any means, of the Articles and more generally of the content listed on the Website.
The acceptance of the present T&CS constitutes recognition by the Potential Buyers of MedGroup LLC's intellectual property rights and commitment to respecting them.
ARTICLE 6. RESPONSIBILITIES
6.1. GENERAL PRINCIPLES
MedGroup LLC’s obligations are obligations of means.
MedGroup LLC undertakes to do everything in its power to ensure continuity of service and access on the Website 7 days a week, 24 hours a day. However, MedGroup LLC draws the attention of Potential Buyers to the fact that current communication protocols via the Internet do not ensure the transmission of electronic exchanges (messages, documents, identity of the sender or recipient) in a certain and continuous manner.
MedGroup LLC declines all responsibility, in particular:
- in the event that it is temporarily impossible to access the Website for technical maintenance operations or to update published information. Potential Buyers acknowledge that MedGroup LLC cannot be held liable in the event of malfunctions or interruptions of said transmission networks;
- in the event of virus attacks, illegal intrusion into an automated data processing system or incidents not due to a fault of MedGroup LLC or abnormal use or illegal exploitation of the Website by a Potential Buyer or a third party;
- with regard to the content of third-party websites hypertext links on the Website lead to;
- in the event of non-compliance with the present T&CS attributable to the Potential Buyers;
- in the event of a delay or non-performance of its obligations, where the cause of the delay or non-performance is related to force majeure as defined in these T&CS;
- in the event of an extraneous cause not attributable to MedGroup LLC;
- in the event of any breach by the Potential Buyer or the Seller in the direct relationship between the Potential Buyer and the Seller, in which MedGroup LLC does not participate.
In any event, MedGroup LLC may only be held liable in the event of proven fault.
In the event of abnormal use or illegal exploitation of the Website, the Potential Buyer is then solely responsible for damages caused to third parties and the consequences of claims or actions that could result from this.
With regard to Potential Buyers who are professionals, MedGroup LLC's liability is excluded for immaterial damages such as loss of opportunity, loss of profit, loss of contract or damage to image and will, in any event, be strictly limited to the amount of €1,000.
6.2. HOSTING STATUS
MedGroup LLC reserves the right to remove any content it has been informed of and that it considers manifestly illegal within the meaning of this text.
The notification of manifestly illegal content by a Potential Buyer or any other third party must be made by email or by registered mail with acknowledgment of receipt.
6.3. ONLINE PLATFORM OPERATOR
The listing of products on our search engine is linked solely to the relevance of the product. The evaluation of this relevance is based on the level of similarity between the semantics of the search performed and the semantics of the definition/model/brand chain. A maximum of 5 products per brand will be listed for each search. If there is equal relevance, the products of Sellers who have signed up for an annual subscription with MedGroup LLC will be highlighted. Sellers are subject to MedGroup LLC's general conditions of sale and they may be unlisted if they fail to adhere to them.
ARTICLE 7. TERMINATION
MedGroup LLC may terminate the Buyer's or Seller’s account in the event of the Buyer's or Seller’s breach of any of his or her obligations after prior notification has been unsuccessful.
Termination shall be without prejudice to any damages that may be claimed by MedGroup LLC from the Buyer or Seller for damages suffered as a result of such breaches.
MedGroup LLC may refuse the creation of an account or the sending of a request to any Potential Buyer or Seller who has committed a breach of the T&CS.
ARTICLE 8. GENERAL PROVISIONS
8.1. VALIDITY OF THE T&CS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of the T&CS (non-essential) will not affect the validity of the T&CS. Any such modification or decision shall in no case entitle the Potential Buyers to disregard the T&CS and/or their legal obligations.
8.2. MODIFICATION OF THE T&CS
The T&CS may be modified and updated by MedGroup LLC at any time, in particular to adapt to legislative or regulatory changes. In the event of refusal of the new T&CS, the Buyer may terminate his or her account.
The failure of either party at any time to require strict execution by the other party of any provision or condition of the T&CS shall not be deemed a definitive waiver of this provision or condition.
ARTICLE 9. LANGUAGE, APPLICABLE LAW AND DISPUTE RESOLUTION
Any translation of the T&CS into a language other than English is given as an indication, only the English version shall prevail. The English version of the T&CS is available on the Website which ends in .com or .me or upon request to MedGroup LLC.
9.2. APPLICABLE LAW
The present T&CS and, in general, the relations between the Potential Buyer and MedGroup LLC are governed by the law of the United States of America.
9.3. DISPUTE RESOLUTION AND JURISDICTION
Prior to any legal recourse, negotiation in a spirit of good faith shall be privileged with the aim of reaching an amicable agreement in the event of any dispute relating to the contract, including its validity.
If no amicable agreement is reached within one (1) month of one of the parties receiving written referral of the matter, each party shall regain its full freedom of action and right to appeal to a judge.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings.
Only US courts within the jurisdiction of MedGroup LLC's headquarters will be competent (this provision being applicable only to Potential Buyers having the capacity of merchant in accordance with Article … of the US Code of Civil Procedure).