Terms and conditions
PHARMAOFFER.COM TERMS & CONDITIONS
Art. 1 Pharmaoffer.com
Pharmaoffer.com is an initiative of and operated by Pharmaoffer B.V., a company registered in the
Netherlands under number 69797277, whose registered office is Westerweg 31, 1851 AA Heiloo the
Netherlands (“Pharmaoffer.com”).
Art. 2 Services
Art. 2.1
Pharmaoffer.com is a website and offers a platform (“Service”) that brings together the global
availability of pharmaceutical raw materials in an extensive database.
Producers and Traders of raw materials (“Supplier(s)”) can, after registration, upload their product
portfolio and quality documents.
Anyone who is interested in the products (“Buyer(s)”) can search the extensive database and sent
inquiries to Suppliers in order to obtain quotations. Apart from this Buyers may, after registration
and after approval of the Supplier, download producer and product related documents and
information. Without approval of the Supplier it is always possible to download the Certificates of
Analyses.
Buyers and Suppliers and any other visitors of the website Pharmaoffer.com hereinafter together
also refer to as “User(s)”.
Art 2.2
Pharmaoffer.com puts emphasis on the difference in quality of raw materials and offers this
information in a clear and easy-to-use portal where Buyers and Suppliers are able to communicate
with each other.
Pharmaoffer.com is for information purposes only and wants to simplify and accelerate the process
of purchasing pharmaceutical raw materials by offering this platform to the Users, supported by a
comprehensive database.
Art. 3 Agreement by usage
Art. 3.1
Usage of Pharmaoffer.com is subject to the terms and conditions (“T&C”) as described hereby.
By using Pharmaoffer.com Users agree to these T&C. If Users do not agree to these T&C they must
cease use immediately.
Art 3.2
These Terms & Conditions are a legal agreement between Pharmaoffer.com and the Users, Buyers or
Suppliers or other users, and can only be modified with the written consent of Pharmaoffer.com.
Pharmaoffer.com reserves the right to change the T&C at any time as they like. By publishing these
changes on the website they come in to force. Users of the site are advised to review the T&C
regularly on the website to ensure that one is aware of any changes. Continued use of the website
after such changes are posted will be deemed as an agreement on these T&C as amended.
Art. 4 Accuracy of information and Disclaimer
Art. 4.1
Pharmaoffer.com presents producer and product related information about Suppliers in the
pharmaceutical supply chain which they have supplied to Pharmaoffer.com for their promotional
purposes. Pharmaoffer.com is provided on an as is basis and does not warrant the accuracy,
completeness, reliability or timeliness of such information; nor does it warrant that it is fit for any
particular purpose. If Users find any inaccurate information on Pharmaoffer.com please inform the
website at info@pharmaoffer.com.
Art. 4.2
Pharmaoffer.com does not accept any liability for the veracity or accuracy of the information
presented. Pharmaoffer.com does not endorse nor is responsible for the accuracy or reliability of any
opinion, advise or statement made on the website. Any opinions, advice, statement, services, offer,
or other information on the website are those of the Buyers and Suppliers and not Pharmaoffer.com.
No advise or information obtained from this website, whether written, by email or oral, will create
any warranty or other obligation by Pharmaoffer.com if not expressly stated in these T&C.
Pharmaoffer.com strongly recommends Users of the website interested in purchasing raw material(s)
from Suppliers featured on this website, to make their own due diligence of the Suppliers and of the
raw material(s) before entering a commercial transaction.
Art. 5 Liability of Pharmaoffer.com
Art. 5.1
Pharmaoffer.com does not represent or warrant that the website will meet particular requirements,
or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be
free from viruses or other harmful elements.
Art. 5.2
By using the website the User expressly acknowledges and agrees that in no event Pharmaoffer.com,
its officers, directors, employees or agents will be liable in contract, tort (including negligence and
breach of statutory duty) or otherwise for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or
other intangible losses (even if Pharmaoffer.com has been advised of the possibility of such
damages) resulting from:
1. the use or the inability to use the website;
2. any misrepresentation made by any Buyer or Supplier on the website;
3. dealings between Buyers and Suppliers on the Website whether or not those dealing arise in
response to an advertisement on the website;
4. the cost of obtaining substitute goods and/or services resulting from any data, information or
service obtained or messages received or transaction entered through an introduction via the
website;
5. unauthorised access to or alteration of your transmission of data;
6. statements or conduct of any Buyer or Supplier or any third party that uses the website; or
7 any other matter relating to the website.
Art. 5.3
Nothing in these T&C shall exclude or restrict any liability for the death or personal injury arising
from the negligence or fraud of Pharmaoffer.com.
Art. 5.4
Any commercial transactions entered into by the User is strictly between the Buyer and the Supplier,
not with Pharmaoffer.com. The website Pharmaoffer.com is a platform only and thus not a Buyer or
a Supplier and is thus not involved in any transaction with the exception mentioned in art. 5.5.
Pharmaoffer.com accepts no liability for the quality, delivery, payment or any other aspect of the
transactional relationship between the Buyer and the Supplier.
Art. 5.5
The information on Pharmaoffer.com is not intended to address Users particular requirements.
Such information does not constitute any form of legal, tax or investment advice or recommendation
by Pharmaoffer.com and is not intended to be relied upon by Users in making (or refraining from
making) any specific investment or other decisions.
Art. 6 Copyright
Art. 6.1
Copyright and all intellectual property rights in the content of the website are either owned by or are
licensed to Pharmaoffer.com and the content is protected by such rights including, without
limitation, by copyright and under trade mark laws. All content on the website, including but not
limited to designs, text, graphics, pictures, video, information, content, organisation, compilation,
digital conversion, applications, software, sound and other files and their selection and arrangement
(the Website content”) is and shall remain the property of Pharmaoffer.com or of those Buyers and
Suppliers whose content is uploaded to the website.
If a User of the website believes that intellectual property rights have been infringed, please notify
Pharmaoffer.com at info@pharmaoffer.com.
Art. 6.2
No Website Content may be modified, copied, distributed, downloaded, posted, transmitted,
reproduced, framed, republished or sold in any form or by any means, in whole or in part, prior to
Pharmaoffer.com written permission. User(s) may not create a database in electronic or structured
manual form by systematically and/or regularly downloading, caching, printing and storing all or any
of the material held within the website.
Art. 6.3
Buyers and Suppliers are granted a limited license to access and use the website and the Website
Content and to download and print one copy of any portion of the Website Content to which you
have properly gained access solely for use within your organisation and for the purpose of identifying
business opportunities in the pharmaceutical sector.
Art. 7 Communications between Buyers and Suppliers
Art. 7.1
Pharmaoffer.com will provide facilities which enables Buyers and Suppliers to communicate with
each other via the website. In these communications the User shall ensure that any such
communication is truthful and accurate in all respects and that no such communication shall be
inappropriate or objectionable. Buyers and Suppliers shall immediately comply with any request
from any other User to stop communicating with them.
Art. 8 Buyer and Supplier Contributions
Art 8.1
Any communications and/or other material which Pharmaoffer.com receives from Buyers and
Suppliers (including without limitation by email and any Supplier and Buyer related information that
is submitted via the website (“User Material”) will be deemed non-confidential and non-proprietary
and Pharmaoffer.com reserves the right to use User Material on its website, any social media
operated by Pharmaoffer.com and in offline publications where Pharmaoffer.com considers this
appropriate. Buyers and Suppliers hereby grant to Pharmaoffer.com a perpetual, irrevocable,
worldwide, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify,
adapt, edit, and publish such User Material on the website, any social media operated by
Pharmaoffer.com and in offline publications and for all other commercial and non-commercial
purposes related to activities of Pharmaoffer.com.
If Buyers or Suppliers do not wish to grant such rights, they should not submit any User Material on
Pharmaoffer.com.
Art 8.2
By submitting any User Material on the website Pharmaoffer.com Buyers and Suppliers:
1) warrant that they are fully entitled to make such User Material available to use for all the purposes
specified above;
2) agree to waive any moral rights related to the User Material.
Buyers and Suppliers should under no circumstances submit User Material that:
1) is knowingly false or misleading;
2) is defamatory, illegal, abusive, vulgar, obscene, inflammatory, of a racist, sexist or other
discriminatory nature, in breach of confidence or privacy or which is otherwise unlawful or offensive,
or which might reasonably cause offence to any person or damage the reputation of any person or
enterprise;
3) uses any abusive or aggressive language, swear, threaten, harass of abuse any other person,
including other users;
4) is not owned or for which not all licenses or approvals is obtained;
5) that is technically harmful including, without limitation, computer viruses, corrupted data,
malicious software or harmful data;
6) is impersonating any person or entity or falsely stating or otherwise misrepresenting any affiliation
with any person or entity.
Art. 8.3
Any Buyer or Supplier account and any User Material submitted to the website is submitted on the
basis that Pharmaoffer.com may review and edit such account and or User Material prior to
publication. We reserve the right to delete any account and or User Material or part thereof
published on the website at any time and for any reason at our absolute discretion without
notification to you.
Art. 8.4
Buyers and Suppliers agree to indemnify, defend and hold harmless Pharmaoffer.com and its
directors, officers and employees, from and against all liabilities, claims, demand, expenses and costs
arising out of Buyers and Suppliers submission of User Material which breach these T&C.
Art. 9 Links to other websites
Art. 9.1
Any link to a non Pharmaoffer.com website is independent from pharmaoffer.com and
pharmaoffer.com has no control over the content of such independent website(s). Whilst
pharmaoffer.com believes such sites may be of interest to Buyers and Suppliers, pharmaoffer.com
does not endorse or accept any responsibility for the content or the use of such website(s).
Links are therefore made at Buyer’s and Supplier’s own risk and pharmaoffer.com accepts no liability
for anything arising from Buyer’s and Supplier’s connection to a linked site. Users must take their
own precautions to ensure what is selected for use is free from any viruses or other items of a
destructive nature.
Art. 9.2
Any link to the website of Pharmaoffer.com without written permission is prohibited.
Notwithstanding authorisation to link to the website of pharmaoffer.com, linking to any page other
than the initial start page of Pharmaoffer.com is prohibited. Persons providing access to the website
Pharmaoffer.com via a link from another website are solely responsible for the content, accuracy,
opinions expressed, privacy policies, products or services of, or available through, the source website
and for any representations made or impressions created concerning Pharmaoffer.com.
Authorisation by Pharmaoffer.com to link to its website is given without assumption of any liability
by Pharmaoffer.com relating to such links, and we hereby disclaim any such liability.
Pharmaoffer.com reserves the right to withdraw any authorisation to link to the website of
Pharmaoffer.com at any time and for any reason. Anyone providing access to, or information relating
to the website of Pharmaoffer.com, whether by link or otherwise, is responsible for bringing these
T&C to the attention of the person receiving such access or information. Failure to do so will not
result in liability for Pharmaoffer.com.
Art. 10 Access to the website Pharmaoffer.com
Art. 10.1
Users are responsible for making all arrangements necessary to have access to the website of
Pharmaoffer.com.
Art. 10.2
Access to the Website is permitted on a temporary basis. Pharmaoffer.com reserves the right to
terminate users access to the website or any part if it or to withdraw any of Pharmaoffer.com
services at any time, without notice, for any reason (including without limitation any breach of these
T&C).
Art. 10.3
While Pharmaoffer.com endeavours to ensure that the website is normally available 24 hours a day,
Pharmaoffer.com shall not be liable if for any reason the website is unavailable at any time or for any
period.
Art. 11 Misuse of the website Pharmaoffer.com
Art. 11.1
Users may not alter, add to, delete, remove or tamper with the website of Pharmaoffer.com or any
part of it or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the
website. Users may not misuse the website by knowingly introducing viruses or other material which
is malicious or technologically harmful. Users may not attempt to gain unauthorised access to the
website, the server on which the website is stored or any server, computer of database connected to
the website.
Art. 11.2
Users may not access the website for unlawful use, including use which would constitute a criminal
offence under Dutch Law. On demand Users hereby agree to indemnify and keep Pharmaoffer.com
indemnified for any costs, claims, liabilities, fines, expenses, demands, proceedings and losses
whatsoever made against or incurred by Pharmaoffer.com as a direct or indirect result of users
breach of this clause.
Art. 11.3
Pharmaoffer.com will not be liable for any loss, disruption or damage caused by a distributed denialof
service attack, viruses other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to Users use of the website
of Pharmaoffer.com or to Users downloading of any material posted on it, or on any website linked
to it. Pharmaoffer.com recommends that Users take measures to protect the security of their
computer including installing anti-virus software on their computer.
Art. 12 General
Any formal legal notices should be sent to Pharmaoffer.com at the address at the end of these T&C
by email confirmed by post. Failure by Pharmaoffer.com to enforce a right does not result in waiver
of such right. Users may not assign or transfer their right under this agreement. Nothing in these T&C
is intended to, nor shall it, confer any benefit on a third party.
Art 13 Legal Jurisdiction
Art. 13.1 Dutch Law shall apply to these T&C, notwithstanding the jurisdiction where Users are
based. Users irrevocably agree that the courts of the Netherlands shall have exclusive jurisdiction to
settle any dispute which may arise out of, under, or in connection with these T&C (including noncontractual
claims of disputes) and for those purposes the parties irrevocably submit all disputes to
the exclusive jurisdiction of the Dutch court in Haarlem, the Netherlands provided that
Pharmaoffer.com shall not be prevented from seeking any court order or judgement in any other
court of competent jurisdiction.
Art. 13.2
The website Pharmaoffer.com is a commercial website and as such, is not intended for children or
minors.
Art. 14 Further information
If Users have any questions regarding these T&C they may contact Pharmaoffer.com at Westerweg
31, 1851 AA Heiloo the Netherlands or send an email to info@pharmaoffer.com.