Terms and Conditions
Terms and Conditions
Version 2, revised: 14 March 2012
Pharmatching (“Pharmatching”, “us”, or “we”) provides an internet portal located at http://www.pharmatching.com (the “Site”) with information on services of Service Providers, on current specific service requests of Service Buyers and on other matters of general interest in the Life Science sector. The services of Pharmatching requiring registration including the Online Matching Tool (the “Services”) support Users in establishing contact with potential new business partners in the Life Science sector; however, contracts between the potential business partners are not concluded via Pharmatching.
The User’s Terms do not apply; not even if the User transmits it at any point of time and PHARMATCHING does not object to them.
For these Terms the following definitions apply:
- Account means the User account containing all of the User’s profile information and usage activities.
- Archive is an account kept separately for each User, where each User may permanently archive all completed activities and may export all data contained therein to its own external digital media storage.
- Budget is the amount of Points purchased by the User to be used as Usage fees.
- Company is an association formed and organized to carry on a business. Types of companies include but is not limited to sole proprietorship, partnership, limited liability, corporation, public limited company or other company forms established according to the applicable law. In the portal, the definition also includes academic institutions and individuals who work self-employed on a freelance basis.
- Content means any work of authorship or information, including services of Service Providers, Ratings, comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, or other materials.
- Personal Data refers to the individual information on personal and factual situation of a specific or determinable natural person.
- PHARMATCHING Services refers to the services offered in the Pharmatching Web Sites requiring registration.
- PHARMATCHING Web Sites is the generic term for all Web Sites, where PHARMATCHING offers its services.
- Points is the PHARMATCHING currency used to determine the Usage fee budget volume of each User.
- Profile refers to the pages of PHARMATCHING’s Web Sites, where PHARMATCHING displays information on services and service-related information on service providing Companies.
- Ranking refers to the position at which a specific company appears in the search or filter results list and in the regularly displayed listing of companies established based on the Visitor and User ratings.
- Rating refers to the feedback inserted by Visitors and Users into pharmatching.com on their experience with companies’ services.
- Registration Data refers to the personal data the User is obliged to enter in order to register for PHARMATCHING Services. Specific fields are considered obligatory.
- Service Buyer is a User, who posts specific current service requests in PHARMATCHING.
- Service Provider is a User or a Company providing services in the life science sector for which a Profile can be shown at PHARMATCHING. The Service Provider can apply to service requests.
- Service Request is a request for services directed towards Service Providers.
- Sourcing Cart is a permanently saved note list to which Users can place individual companies of interest to them and where the User can collect its notes on these companies. With the Sourcing Cart the User can send service requests anonymously to these companies.
- User refers to a person who is registered for the services offered by PHARMATCHING. A User can register to both User types, i.e. as a Service Buyer and/or Service Provider.
- User Data refers to the information required for the usage of the PHARMATCHING Services and billing purposes and to the information regarding the scope of the respective usage, its commencement and ending.
- Visitor refers to a person using the parts available at PHARMATCHING Web Sites without registration.
2. Rights and Duties of the Users and Visitors
(1) Registration of Users, Usage by Visitors
- In order to use the PHARMATCHING Services, registration is required. No claim to participation exists. Minors are excluded from participation.
- Upon registration, the User is obliged to give truthful and accurate registration information. The User may not use pseudonyms. If false information is given during the registration process, the contract may be dismissed by cause.
- After verification PHARMATCHING decides about the admittance of the User. Upon this decision a contract based on these Terms comes into effect between the User and PHARMATCHING.
- Visitors may use parts of PHARMATCHING Web Sites and PHARMATCHING Services only. Among these Services, Visitors with confirmed email address are entitled to insert Ratings. At the beginning of Visitors usage a contract based on these Terms comes into effect between the Visitor and PHARMATCHING.
(2) User Account, Exclusion of Usage by Third Parties
- Upon registration an Account is established for each User, whereby the User determines to register as Service Buyer or as Service Provider. In the Account, the User may add the respective other role.
- Usage of a User Account is only permitted for the registered User personally. Users may not permit the usage of an Account by third parties.
Users are responsible for maintaining the confidentiality of their account and for restricting access to their computer, and are responsible for all activities that occur under their account or log in data unless for reasons beyond their responsibility.
- Upon registration the User chooses a password. The User is obliged to keep its password a secret. PHARMATCHING will neither disclose this password to third parties nor at any time ask the User for its password.
- PHARMATCHING is to be immediately notified via firstname.lastname@example.org of the loss of the password or abusive access by third parties or even reasons to be concerned, in order that PHARMATCHING may take necessary measures (e.g. block access, assign a new password).
(5) Exclusion of Users
PHARMATCHING is entitled to exclude registered Users, such as upon suspicion of specious or pseudo activities of a User. In this case, Budget already paid by the User will not be refunded.
(6) Change of User Information
The User is obliged to immediately notify PHARMATCHING of changes to its user information. Users can change their information in the account themselves, but all changed information will be verified by PHARMATCHING before it is activated.
(7) Data Backup
Users are obliged to provide, on their own responsibility, for the backup of its data outside of PHARMATCHING Services.
(8) Posting of and search in Profiles of Service Providers
- Service Providers are entitled to post their Profiles following the structure given in the PHARMATCHING web sites.
- Service Providers are entitled to update their Profiles at their discretion. Profile update increases the rank in the display of search results in the relevant PHARMATCHING web sites.
- Users are entitled to search for services offered by Service Providers and to use the Sourcing Cart of PHARMATCHING.
(9) Posting of Service Requests
- Service Buyers are entitled to post specific current Service Requests at PHARMATCHING only if an actual need for the required service and its mandate to a Service Provider exist. Posting of Service Requests is made in a way that the request appears anonymous to other Users.
- A Service Request is not considered a binding offer.
- Posted Service Requests can be edited by the Service Buyer in content and can be closed at any time.
- Each Service Provider may decide on how to react to the Service Request. Further contact between the parties takes place outside of PHARMATCHING Services and is the sole responsibility of the Users.
(10) Search and Application for Service Requests
- Service Providers are entitled to search for suitable Service Requests and to apply for these Service Requests. The Service Provider may only send one application for each Service Request and cannot change it once sent. Such application merely serves to establish contact with the respective Service Buyer.
- The application is not considered a binding offer.
- It is on the discretion of the respective Service Buyer if and how to react on received applications.
- Service Buyers, via their PHARMATCHING accounts, can send general and anonymous information on the status of the process (“Status update”) in order to inform Service Providers who sent applications on whether they are further considered or rejected.
- Further contact between the parties take place outside of PHARMATCHING Services and is the sole responsibility of the Users.
(11) Anonymity of PHARMATCHING Services
- PHARMATCHING Services except References are posted so that they appear anonymous to other Users.
- PHARMATCHING does not disclose to the Users who posted the Offer.
- If a User responds to a PHARMATCHING Service via their PHARMATCHING accounts, its personal information will be transmitted to the User who has posted the PHARMATCHING Service.
(12) Electronic Communication
- When you visit pharmatching.com or send Emails to PHARMATCHING, you are communicating with us electronically. You consent to receive communications from PHARMATCHING electronically. We will communicate with you by Email or by posting notices on this site. All agreements, notices, disclosures and other communications that PHARMATCHING will provide to Users or Visitors electronically satisfy any legal requirement that such communications be in writing.
3. Conclusion of Contract
(1) User Identity
Upon registration PHARMATCHING verifies the User by the company name, Email and mail address entered by the User. Prior to the conclusion of a contract with another User, who has been identified as a potential contracting partner using the PHARMATCHING service, each User is obliged to its own authority to verify the identity of its contracting partner and the authenticity of the offer.
(2) Content of the Contract
Contracts between Users are concluded without the participation of PHARMATCHING. The terms of contract have to be agreed upon by the Users. PHARMATCHING has no influence on the reliability, performance, quality and other circumstances regarding the implementation of the contract. Therefore, PHARMATCHING assumes no liability in this respect.
PHARMATCHING itself is no contracting partner and does not – in its own name or in the name of any User – submit PHARMATCHING Offers and applications. As far as Users intend to enlist PHARMATCHING’s assistance, this requires the conclusion of a separate consulting contract between PHARMATCHING and the User.
4. Usage Fees
(1) Type and Amount of Fees
- Certain Services such as applications to Service Requests and Profile search are subject to fees. Users have to purchase Points as their Budget in advance. With this Budget Users pay the consumed Services only. The Budget which is not consumed does not expire.
- Consumed Budget is not renewed automatically.
- Usage of PHARMATCHING services is charged according to the current pricing chart for the respective Services.
- The pricing chart can freely be viewed under the section “FAQ “(Frequently Asked Questions) of the PHARMATCHING website. Fees are due prior to the respective usage of PHARMATCHING Services.
(2) Budget Recharge
- Users can recharge their Budget by activities such as placing of Service Requests, Rating and providing References.
- Points on Ratings and References are earned provided the Ratings and References are posted following an invitation link sent from an Account of a PHARMATCHING User or directly from the User’s account.
- Budgets are recharged according to the current pricing chart which can freely be viewed under the section “FAQ“ of the PHARMATCHING website.
- The payment process of PHARMATCHING usage fees is handled by an external company specialized in payment transactions. The User may pay the usage fees with credit cards accepted by PHARMATCHING. The User exempts PHARMATCHING from all costs arising through return debit notes, objections from credit card payments or similar complications during the payment process, for which PHARMATCHING is not responsible.
- The countries or which payment by credit card is possible can freely be viewed under the section “FAQ” of the PHARMATCHING website Users from other countries than those listed there, and Users from academic and other public institutions in non-EU/EEA countries, may not pay by credit card.
- All Users may if preferred pay the usage fee by bank transfer. Prior to the bank transfer, the User is obliged to request the necessary information from PHARMATCHING via the contact form given. Usage of PHARMATCHING Services is possible once the amount has been received.
- PHARMATCHING sends Users invoices for the fees within a few days by electronic communication.
5. License and Intellectual Property
(1) Users´ Postings
With respect to any Content that Users, Visitors, advertisers or other third parties upload, make available, or otherwise transfer (“post”) on the PHARMATCHING Services, they grant to PHARMATCHING a permanent, non-exclusive, royalty-free license with the right to use, display, copy, create related Content of, and distribute such Content in PHARMATCHING Web Sites and PHARMATCHING Services only. Users, Visitors, advertisers or other third parties are entitled to delete all or part of such content and thereby terminate the license on their own discretion.
All the intellectual property rights in the Services and the Content are owned by PHARMATCHING or the respective users who posted it. PHARMATCHING grants you a limited license to access and make personal use of this site and the Content. This license does not include any resale or commercial use of this site or its contents.
(3) No disruption
PHARMATCHING Services may not be used with devices, software or applications which could compromise the system integrity or performance of PHARMATCHING Services.
6. Third Parties
(1) Content provided by Users, Visitors, advertisers or other third parties
PHARMATCHING does not control Content provided by Users, Visitors, advertisers and other third parties. Therefore PHARMATCHING is not responsible for such content. PHARMATCHING makes no guarantees about the accuracy, currency, suitability, or quality of the information in such Content. Provided PHARMATCHING is not aware of such content that is unintended, objectionable, inaccurate, misleading, or unlawful PHARMATCHING is not responsible.
(2) Responsibility for interactions
Users or Visitors may interact with other Users or Visitors inside or outside the Services on their own discretion. As PHARMATCHING is not part of such interaction, PHARMATCHING is not responsible for any loss or damage incurred as the result of any such interaction. PHARMATCHING is entitled to but not obliged to monitor disputes between Users.
(3) User or Visitor Interaction
- Users or Visitors are not allowed to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
- Users may only establish contact with other Users by replying to a Service Request or subsequently in the course of consequent communication. Any other establishment of contact, in particular sending identical messages for advertising purposes to other Users, is prohibited.
(4) Third-Party Websites
- The Services may contain links to Third-Party Websites (a) placed by us as a service to those interested in this information; or (b) posted by Users or advertisers. You use all such links to Third-Party Websites at your own risk.
7. Liability, Responsibility
(1) Responsibility for Contents and Conclusion of Contracts
- Users or Visitors are responsible for all information which they, their employees or any third party using their User license transmit via the PHATMATCHING Web site, post on the PHARMATCHING Web Site and use in the database.
- The User is obliged to only enter lawful contents and to verify lawfulness in any respect, in particular as regards laws on competition, cartel law, copyright and pharmaceutical law.
- The contracting parties are solely responsible for the implementation of the contract between Users.
(2) Unlimited Liability
PHARMATCHING is liable without limitation for all damages that are caused intentionally or negligently by PHARMATCHING, its legal representatives or employees. Claims arising due to life injury, personal, bodily or health injury, which are caused by negligent breach of duty, as well as property damage pursuant to the Product Liability Act are not limited. Furthermore, guarantees given are not limited. In all other cases, limitations on liability as described in the subsequent Sections apply.
(3) Liability for the Infringement of Material Contractual Obligations
PHARMATCHING’s liability for damages caused by the infringement of material contractual obligations that arise out of the nature of the contract, and whose compliance constitute a significant reason for the Users or Visitors to conclude the contract, is limited to the direct damages reasonably foreseeable upon conclusion of the contract and typical for this kind of contract.
(4) Exemption from Liability
PHARMATCHING is exempt from liability for all other damages (not described in Section 2 and 3).
(5) Limitation on Liability for Damages typical for this kind of Contract
PHARMATCHING limits its liability for damages reasonably foreseeable upon conclusion of the contract and typical for this kind of contract according to Section 3 to € 100,000. As far as a User has evidence that a higher damage is to be anticipated due to the User’s business model or other circumstances, the User is obliged to inform PHARMATCHING and to jointly find a solution for securing these additional risks.
(6) Liability Insurance
The limitations on liability do not apply as far as the damages are covered by public liability insurance and the insurer has paid PHARMATCHING. PHARMATCHING commits itself to maintain the cover existing at the conclusion of the contract. As far as specific risks cannot be insured, or may only be insured for higher fees, PHARMATCHING is entitled to exclude these from the contract.
8. Indemnity of PHARMATCHING, Blocking of content
The Users and the Visitors indemnify PHARMATCHING – upon first demand – from any liability which may ensure from registration or participation in PHARMATCHING Services. This applies to all claims raised against PHARMATCHING on the grounds of an act by a User or Visitor. In this case, PHARMATCHING leaves the defense against the raised claims to the User or Visitor, as far as this is permitted by statute. PHARMATCHING will not without the prior consultation of the User or Visitor make any concessions or, particularly, settlements with the claimant. The User or the Visitor is obliged – upon first demand – to reimburse all fees, costs (including legal expenses) and damages arising through the action objected to by third parties.
If the suspicion arises that content is unlawful, in particular that it infringes third party rights, PHARMATCHING is entitled to block such content until its lawfulness has been ascertained incontestably. PHARMATCHING is entitled to restrict or delete Ratings that may harass, abuse, or harm another person or that seem to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
PHARMATCHING is not responsible for any incorrect or inaccurate Content (including any information in profiles) posted on the Services, whether caused by Users or Visitors or by any of the equipment or programming associated with or utilized in the Services. PHARMATCHING is not responsible for the conduct, whether online or offline, of any User or Visitors of the Services. PHARMATCHING assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users. PHARMATCHING is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall PHARMATCHING be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Site or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
PHARMATCHING makes no warranty that: (a) the Services will meet the requirements of Users or Visitors that are not agreed upon by the parties; (b) the Services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
10. Termination, Conduct in Breach of Contract
(1) Statutory Notice of Termination
Each User may terminate this contract at any time by deleting its account. Should the User still have a Budget, this elapses. PHARMATCHING can at any time statutorily terminate the contract with 6-week notice period to the end of the quarter.
(2) Extraordinary Notice of Termination by PHARMATCHING
The extraordinary termination of this contract is possible at any time without notice if continuing the contractual relationship is – under consideration of all circumstances of the individual case and the interests of both parties – intolerable for the terminating party to the contract.
Such a case may occur if the reputation of the PHARMATCHING-Service offered on its Websites is significantly damnified by the presence of the User, or if it emerges that a User has deliberately damnified one or more other Users, or has placed sham.
Should the dismissed User have an active Budget, PHARMATCHING does not refund any costs of the Budget for its remaining period of validity.
(3) Consequences of Termination
With the termination of this contract, irrespective of the reasons, all PHARMATCHING Services accessible to Users end, even if the posting duration has not yet expired. Any contracts between the Users are thereby not affected.
11. Concluding Provisions
(1) Applicable Law
The contractual relations between the parties are governed solely by German law.
(2) Amendments to the Contract
Amendments to the contract, particularly to these Terms and Conditions, are only effective if they have been agreed upon or been confirmed by a body authorized to represent PHARMATCHING.
The parties agree to settle all disputes arising from or in connection with this contractual relationship by common consent among themselves. Should common consent not be possible, the parties shall firstly try to resolve the matter via a neutral mediator. Either party is entitled to require the other party to participate in such mediation. Here the other party shall be informed in writing of the precise subject of the matter, and a mediator proposed. If the parties cannot agree on a mediator, one will be specified bindingly by the board of EUCON - The European Institute for Conflict Management e.V. - Schackstrasse 1, 80539 Munich. Except otherwise agreed upon by the parties, the EUCON mediation rules shall apply. Only when the mediation fails to adequately resolve the matter is the recourse to legal resolution in a competent court opened. Notwithstanding the aforementioned, each party is entitled to file petitions in proceedings of temporary relief and to initiate such proceedings.
(4) Place of Jurisdiction
Exclusive place of jurisdiction for all claims and legal disputes ensuing from this contract or in its connection shall be Köln, Germany. However, PHARMATCHING is entitled to sue the User at any other place of jurisdiction permitted by law.
These Terms represent version 2.0 and were published on PHARMATCHING’s Web Site on the 14.03.2012. If in doubt about the interpretation, the English version of the Terms is authoritative. All versions written in other languages merely apply subsidiary.
Copyright © 2009-2015 Pharmatching. All rights reserved.
The trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.