THESE TERMS AND CONDITIONS APPLY TO BOTH YOUR ACCESS TO THE SITE AND TO ANY TRANSACTIONS WHICH YOU CONDUCT THROUGH THE SITE. BY USING THE SITE AND/OR BY REGISTERING TO USE THE SERVICES IT PROVIDES YOU ARE CONFIRMING YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. THE TERMS AND CONDITIONS FORM THE BASIS OF THE AGREEMENT BETWEEN YOU AND US.
THESE TERMS AND CONDITIONS CHANGE FROM TIME TO TIME AND THE LATEST VERSION WILL APPLY TO ALL ACCESS AND/OR TRANSACTIONS WHICH YOU CONDUCT USING THE SITE IMMEDIATELY AFTER THE DATE THEY ARE PUBLISHED. WE DO NOT HAVE THE RESOURCES NECESSARY TO ENSURE THAT ALL USERS ARE NOTIFIED OF ANY CHANGES IN THESE TERMS AND CONDITIONS AND YOU AGREE TO VISIT THIS PAGE EACH TIME YOU ACCESS THE SITE.
THIS SITE IS FOR QUALIFYING BUSINESS USERS ONLY AND IS NOT INTENDED FOR AND MAY NOT BE USED IF YOU ARE A CONSUMER
These Terms and Conditions comprise:
A. The Listing/Buying Terms
B. The Site Terms
C. The Definitions
A. Listing and Buying Terms
1.1. No part of the Site constitutes a contractual offer capable of acceptance and your request to open an Account constitutes a contractual offer that we may, in our sole discretion, decide to accept. Our acceptance is indicated by us sending to you confirmation that your Account has been opened. Only once we have sent you a such confirmation will there be a binding agreement between us and you.
1.2. Unless and until you supply to us all and any information and documentation we request (in a complete and legible form and as a certified translation into the English language, if we request the same) in relation to you and your status, we will not open an Account for you
1.3. Until we have notified you that your Account has been opened you must not list or try to list or try to buy any Product using the Site.
1.4. You agree to comply with the following conditions:
1.4.1. You warrant that you are over the age of 18 years.
1.4.2. All information you submit when creating the Account is complete, accurate and truthful.
1.4.3. You will keep your Account information accurate and up-to-date.
1.4.4. You will not share your Account with anyone else.
1.4.5. You will keep your Account details confidential.
1.4.6. You will not give your username or password to anyone else.
1.4.7. You will log off when you exit the Site.
1.4.8. Your username will not be offensive, suggest that you are someone else or that you represent a trade or brand name. We can change a username if we think it breaks this term.
1.4.9. You will tell us if and as soon as any of the information you have supplied to us changes or if any of the licences or permits you need to use this site are revoked, expire, are cancelled or are changed in any other way.
1.5. We may close your Account if you break these Terms and Conditions or if there has been no activity on the Account for 12 months.
1.6. If any payment we send to your bank account is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep that payment to cover our costs and you will be entitled to nothing.
1.7. If you do anything which we think might be fraud, we may report those actions to the Police and the money standing to the credit of your account may be returned to any merchants involved or kept by us to cover the costs we are put to in dealing with your fraud.
1.8. If you have not authenticated your current email address with us and/or if it cannot accept service emails from us and/or you mark our emails as spam, abusive or junk then, and in any such event, we can terminate your Account.
1.9. You have the right to opt out of our marketing emails at any time by emailing us at firstname.lastname@example.org.
1.10. If we earn any commission or interest on the money deposited in your Account we may keep that commission and/or interest.
1.11. You can cancel your Account with us at any time – all you need to do is email us at email@example.com.
1.12. If you have reason to believe that your Account details have been obtained by third party without your consent:
1.13. you must contact us, as soon as you become aware of the acquisition;
1.13.2. we will suspend your Account as soon as we can;
1.13.3. we will use our best endeavours to cancel any unauthorised orders or payments that may be pending; and
1.13.4. you accept and agree that orders or payments can only be cancelled from the point you notify us.
1.14. We have the right at any time and without notice to suspend or cancel your Account for any reason and, if we suspect that you have broken any of these Terms and Conditions then we will have no obligation to refund the whole or any part of your Subscription.
2. The Services
2.1. By continuing to use the Services you represent and warrant that:
2.1.1. all information you submit to us is complete, accurate and truthful;
2.1.2. you have permission to submit Payment Information where permission may be required;
2.1.3. you will at all times keep this information accurate and up-to-date;
2.1.4. you hold a current, valid WDL or any other registration documents for your organisation;
2.1.5. you hold all necessary consents, licences and permissions to sell or buy Products through the Site for the Country or State in which any sale or purchase of Products is made;
2.1.6. you will comply with any and all conditions relating to the sale or purchase of Products which apply to the Country or State in which any sale or purchase is made; and
2.1.7. your agreement to offer for sale, to sell, to offer to buy or to buy is not illegal in the Country or State in which such offers or any sale or purchase is made.
3. Listing and Use of Communications Facilities
3.1. When registering an Account, Listing a Product or using any forum or feedback service we provide you will comply with the following conditions:
3.1.1. You must not use obscene or vulgar language;
3.1.2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
3.1.3. You must not submit Content that is intended to promote or incite violence;
3.1.4. All submissions are made using the English language;
3.1.5. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
3.1.6. You must not impersonate other people, particularly our employees and representatives of our affiliates; and
3.1.7. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
3.2. You acknowledge we may monitor any and all communications using our System.
3.3. You acknowledge that we may retain copies of any and all communications made to us or using our System.
3.4. You acknowledge that any information you send to us through our System or post on any forum or in any feedback may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we have the right to reject such terms and associated information.
4. Subscriptions and Payment
4.1. You will pay the Subscription monthly in advance and, you agree that we may charge your debit/credit card monthly for the Subscription until we or you terminate this Agreement
4.2. If you do not pay the Subscription within 7 days of its due date, you will pay us interest, on a daily basis, on the whole amount you owe us at the rate 6% above the base rate of the Bank of England obtaining at the time from the due date of any payment until the actual date of payment and whether before or after judgment.
4.3. The subscription and any other payments for which we invoice you are net of Value Added Tax.
4.4. Your first Subscription payment will be at the price advertised on the Site but we have the right to change the amount of the Subscription from time to time and the rate published on the Site will apply to each renewal of your Subscription:
5. Termination and Cancellation
5.1. Either we or you may terminate this Agreement at any time and for any reason on giving to the other at one month’s written notice.
5.2. We may terminate this Agreement without notice in any of the following circumstances:
5.2.1. any sum owing to us by you under any of the provisions of this Agreement is not paid within 14 days of the due date for payment;
5.2.2. you commit any other breach of any of the provisions of this Agreement and, if the breach is capable of remedy, you fail to remedy it within 14 days after being given written notice giving full particulars of the breach and requiring it to be remedied;
5.2.3. an encumbrancer takes possession, or (where the other party is a company) a receiver is appointed, of any of your property or assets;
5.2.4. you make any voluntary arrangement with your creditors or (being a company) becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
5.2.5. you (being an individual or firm) have a bankruptcy order made against you or (being a company) goes into liquidation (except for the purposes of amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on you under this Agreement);
5.2.6. anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to you;
5.2.7. you cease, or threatens to cease, to carry on business; or
5.2.8. control of you is acquired by any person or connected persons not having control of you on the date of this Agreement.
5.3. For the purposes of Clause 5.2.2, a breach will be considered capable of remedy if you can comply with the provision in question in all respects other than as to the time of performance (provided that the time of performance is not of the essence).
5.4. The rights to terminate this Agreement given by this Clause 5 will not prejudice any other right to remedy the breach concerned (if any) or any other breach.
6. Effects of Termination
Upon the termination of this Agreement for any reason:
6.1. any sum owing by you to us under any of the provisions of this Agreement will be immediately payable;
6.2. you will not be entitled to any refund of the Subscription for the month or part of a month in which such termination ash taken place;
6.3. any provision of this Agreement which is expressed to continue in force after termination will continue in full force and effect; and
6.4. subject as provided in this Clause 6, and except in respect of any accrued rights, neither party will be under any further obligation to the other.
7. The Services
7.1. You will be entitled to use the Services when you have paid the Subscription, if any, and we have confirmed that your Account has been opened
7.2. We will use our best endeavours to provide the Services with reasonable skill and care and enable the Site to operate at all times.
7.3. We have the right at any time and for any reason we deem appropriate to alter the Services and the way we provide them
8. Medical Issues
8.1. As far as we are able and because we have no involvement in the Products which are Listed on the Site, we deny all and any liability for any, costs, claims and demands in respect of those Products.
8.2. As a Seller, you will indemnify us (without limit) against all actions, liability, costs, claims and demands made against us and arising out of any Product which you sell or supply through the Site
8.3. As a Buyer, you warrant that you will not use or allow the use of any Product unless and until you have ensured that all instructions and precautions supplied with such Item have been followed completely
8.4. Nothing in this User Agreement is intended to absolve us from any liability arising out of the death or personal injury of any person or for fraud.
9. Problems and Complaints
9.1. If you have a complaint about another user of our service you must try to resolve such issue direct with that user.
9.2. If any complaint has not been resolved within 5 days of its being raised with the other user, the complaint must be referred to arbitration in accordance with the remaining provisions of this clause
9.3. Subject to Clause 9.4, any complaint between users which has not been resolved in accordance with the previous provisions of this clause 9 must be referred to the arbitration in London of a single arbitrator appointed by agreement between the parties within 30 days after a request for a reference is made by either party, nominated on the application of either party by the President for the time being of the Law Society.
9.4. Clause 9.3 will not preclude the making of an application to the Court for injunctive relief.
9.5. The decision and outcome of the arbitration referred to in clause 9.3 will be final and binding on both users.
10. Indemnity and Liability
10.1. You will at all times indemnify and hold harmless us and our Representatives from and against any and all claims demands proceedings, damages, penalties, costs, losses, liabilities and expenses of any kind and whether in tort or contract, including injury to or death of any person or loss or damage to any property, threatened, claimed or awarded against or otherwise incurred by us and our Representatives (or any of them) arising out of or in connection with this Agreement or the marketing, sale, operation and/or use of the Products or the negligent acts or omissions of you and your Representatives and whether occasioned by your negligence or that of your Representatives or otherwise, unless caused by our wilful misconduct or negligent or that of our Representatives.
10.2. The Indemnity given under Clause 10.1 will only apply provided that, and we accordingly undertake to you that: -
10.2.1. You will be given full control of any proceedings or negotiations in connection with any such claim or threatened claim;
10.2.2. We will (at your cost) give you all reasonable assistance for the purpose of any such proceedings or negotiations;
10.2.3. Except pursuant to a final award, we will not pay or accept any such claim or threatened claim, or compromise any such proceedings or negotiations, without your consent (which will not be unreasonably withheld);
10.2.4. We will do nothing which would or might vitiate any policy of insurance or insurance cover which we may have in relation to any such claim or threatened claim, and this indemnity will not apply to the extent that we recover any sums under any such policy or cover (which we will use its best endeavours to do); and
10.2.5. you will be entitled to, and we will accordingly account to you for, all damages and costs (if any) awarded against any other party or agreed by us (which agreement will not be unreasonably withheld) to be paid by any other party in respect of any such claim or threatened claim.
10.3. We will indemnify and hold you and your Representative harmless from and against any and all claims, costs and liabilities whatsoever arising out of or in connection with the performance or non-performance of the Services by the Company to the extent that such losses, costs, damages and expenses are caused or contributed to by our negligent acts or omissions or those of our Representatives.
10.4. Except in respect of death or personal injury caused through negligence, we will have no Liability to you arising out of or in connection with this Agreement for any indirect, special or consequential Loss you suffer, and our total liability any Loss you suffer in respect of any one event or series of connected events will not exceed £500.
10.5. Nothing in these Terms and Conditions will limit or exclude the Joiner’s liability for death or personal injury.
1. Intellectual Property
1.1. All Content included on this Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property or the property of our affiliates. By continuing to use this Site you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
1.2. You agree that we may use any or all of your name, logo and trade mark in a reasonable manner and without charge to promote our business
2. Links to Other Sites
This Site may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates. We assume no responsibility for the content of such sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to any other site on this Site does not imply our endorsement of the sites themselves or of those in control of them.
3. Links to this Site
If you wish to place a link to this Site on other sites may do so only to the home page of this Site without our prior permission. You may not deep-link without our express written permission.
4. Use of Communications Facilities
4.1. When using any System, you should do so in accordance with the following rules:
a. you must not use obscene or vulgar language;
b. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
c. you must not submit Content that is intended to promote or incite violence;
d. submissions must be made using the English language;
e. the means by which you identify yourself must not violate these terms and conditions or any applicable laws;
f. you must not engage in any form of commercial advertising;
g. you must not impersonate other people, particularly our employees and representatives or those of our affiliates; and
h. you must not use our System for unauthorised mass communication such as “spam” or “junk mail”.
4.2. You acknowledge that we reserve the right to monitor and delete any and all communications made to us or using our System.
4.3. You acknowledge that we may retain copies of any and all communications made using our System.
4.4. You acknowledge that any information you send through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we have the right to reject such terms and associated information.
5. Data Protection
5.1. All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
5.2. We may use your personal information:
a. To provide our Service to you;
b. To process your payments to us; and
c. To inform you of new products and services available from us. You may request that we stop sending you this information at any time.
5.3. In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
5.4. We will not pass on your personal information to any other third parties without first obtaining your express permission.
6. Legal Rights and Disclaimers
6.1. We make no warranty or representation that this Site will be compatible with all systems, or that it will be secure.
6.2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Site is accurate and up to date, we make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our Service.
6.3. No part of this Site is intended to constitute advice and the Content of this Site should not be relied upon when making any decisions or taking any action of any kind.
6.4. Whilst we exercise all reasonable skill and care to ensure that the Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
7. Availability of the Site and Modifications
7.1. We accept no liability for any disruption or non-availability of this Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
7.2. We reserve the right to alter, suspend or discontinue any part (or the whole of) this Site including, but not limited to, the Content available. These Terms and Conditions will continue to apply to any modified version of this Site unless it is expressly stated otherwise.
8. Limitation of Liability
8.1. To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) this Site or the use of or reliance upon any content included on this Site.
8.2. To the fullest extent permissible by law, we exclude all representations, warranties and guarantees (whether express or implied) that may apply to this Site or any content included on this Site.
8.3. We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
8.4. We exercise all reasonable skill and care to ensure that this Site is free from viruses and other malware. Subject to sub-Clause 8.6, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of this Site (including the downloading of any Content from it) or any other site referred to on this Site.
8.6. Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
8.7. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and will not affect the validity and enforceability of the remaining Terms and Conditions. This term will apply only within jurisdictions where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this will not be construed as a waiver of that right or remedy.
10. Third Party Rights
Nothing in these Terms and Conditions will confer any rights upon any Third Party. The agreement created by these Terms and Conditions is between you and us.
11. General Matters
11.1. These Terms and Conditions and the Agreement are made under the laws of England and Wales and that is the only jurisdiction which can govern them.
11.2. We and you agree that these Terms and Conditions and the Agreement do not form the basis of any partnership or co-venture.
11.3. These Terms and Conditions and the Agreement supersede any previous agreement between you and us in relation to the matters dealt with in them and represent the entire understanding between you and us.
11.4. Time will not be of the essence in any part of these Terms and Conditions and the Agreement.
11.5. You and we both acknowledge and agree that the Agreement was entered into in reliance on anything said or promised by or to the other which is not in these Terms and Conditions.
11.6. Force Majeure – if something outside our control happens and that prevents us from performing our Services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the Services as soon as we can. If we cannot perform the Services within a reasonable time, we can cancel them and if we do we will refund to you a fair and reasonable proportion of any payment you have made to us.
11.7. If either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.
11.8. These Terms and Conditions contain the entire understanding between us.
In these Terms and Conditions, the following terms will have the following meanings:
|We, Us, Our||is Jessaar Ltd, a company registered in England and Wales under Company Number 11060251 and whose registered address is Unit 5 Progress Industrial Park, Progress Way, Croydon, Surrey, CR0 4XD, United Kingdom and jessaar.com;|
|You, Your||are a visitor to this Site and/or any or anyone using our Services;|
|Account||means, collectively, the personal information, payment information and credentials used by Users to access paid Content and/or any communications System on the Site;|
|Agreement||means the agreement which comes into existence between you and us when you accept these Terms and Conditions;|
|App||means any application which provides access to the Services we provide either through this Site or otherwise;|
|Content||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site;|
|Listing||means the publication of an advertisement for the sale of Products on the Site and “Listed” will relate to such Listing.|
|Products||means each of the products which are advertised for sale using the Site|
means and employee, agent or subcontractor employed by a part to the Agreement
means, collectively, any online facilities, tools, services or information that we make available through the Site or any App either now or in the future;
means any online communications infrastructure that we make available through the Site or an App either now or in the future;
means any person, firm or company which is not you or employed by you under a contract of employment; and
means any person that accesses the Site and is not employed by us or acting in the course of their employment with us.
means a current valid Wholesale Dealers Licence in a form which is recognised and accepted by the General Pharmaceutical Council to trade.