Welcome to Medsourcehub (MSH). We operate a medical supplies marketplace which allows you to purchase and provide medical goods for combating the global COVID-19 pandemic. While using www.medsourcehub.com, all users agree to, and will be required to adhere to, our Terms of Service below.
1.1 Welcome to the MedSourceHub (the 'Site'). We'll refer to our website and other services as our "Services", and MedSourceHub will be addressed individually or collectively as "MSH", "we", "us", or "our". Do read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you'll be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.
1.2 This document and any documents referred to within it will collectively make up the 'Terms of Service'.
1.3 Our "Services" include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be "Your Content". Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos etc.
1.4 Our services include an online platform service that provides a place and opportunity for the sale of goods or services between the buyer ("Buyer") and the supplier ("Supplier"), collectively known as "Users" or "Parties". The actual contract for a sale is directly between the Buyer and the Supplier. We are not a party to that contract or any other contract between Buyer and Supplier. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of goods, warranty of purchase and like. As such, We accept no obligations in connection to these contracts. However, if you have problems with your order, we may step in to help (refer to section 10). We do not pre-screen Users and any of Your Content. We cannot ensure that Users will actually complete a transaction.
1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.
1.6 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
2.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
3.1 You will need to create an account with MSH to use some of our Services. Here are a few rules about accounts with MSH:
3.1.1 You must be 18 or older to use our Service. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
3.1.2 All account information provided must be accurate and truthful. Any account with false information or impersonating another person or company will be closed with no warning.
3.1.3 You are responsible for your account. You're solely responsible for any activity on your account. If multiple people have access to an account, then the person's name on the account will ultimately be responsible for all account activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are not transferable.
3.1.4 As you are solely responsible for any activity on your account, please ensure to keep your login and password details secure.
4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Medsourcehub and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.
5.1 Content that you post using our Services is 'Your Content'. This includes usernames, brand names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.
5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party's rights by posting it.
5.1.2 By posting Your Content through our Services, you grant MSH a license to use it. This license allows us non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.
5.1.3 If content that you own or have rights to have been posted to MSH without your permission and you want it removed, please contact us. If Your Content infringes another person's intellectual property, we will remove it as soon as we receive proper notice.
5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Products/Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying all few that you owe to us You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.
6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.
6.5 If you believe a User on our Site is violating these terms, please contact us.
7.1 Currently payments are made off-platform and are between Buyers and Suppliers directly. This may change in the future, with payments made directly on MSH.
7.2 All sales on the platform are biding. The Supplier is obligated to complete the transaction with the Buyer in a prompt manner unless an exceptional circumstance arises.
8.1 The Supplier of any product/service will pay MSH a commission based on agreed-upon terms for each transaction.
8.2 The commission will be paid to MSH according to the agreed-upon terms between the Supplier and MSH.
8.3 All third-party payment channels will charge Suppliers an additional fee for payment processing. This fee will be dependent on Supplier's location as well as the Buyer's location. All payment processing fees will not be included in the commission that we charge.
9.1 Suppliers will properly manage and ensure that relevant information such as the price and the details of products, inventory amount and will not post inaccurate or misleading information.
9.2 The pricing of products/services for sale are determined by the Supplier at his/her own discretion. The price of a product and shipping charges will include any additional charges such as sales tax, value-added tax, tariffs etc. The Supplier will not charge the Buyer such amounts additionally and separately unless otherwise agreed to with the Buyer or indicated in the product listing.
9.3 Suppliers are obligated to deliver products/services as described in a prompt manner unless there is an exceptional circumstance. If there are any exceptional circumstance the Supplier is obliged to contact the Buyer to inform them of any delays or inability to complete the transaction.
9.4 Suppliers will issue additional receipts, credit card slips or tax invoices to the Buyer on request.
10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably directly.
10.2 Should you be unable to resolve the dispute between you and another user, MSH may step in to help resolve the dispute. If you would like MSH to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.
10.3 Whether you are a Buyer or a Supplier of an product/service, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request for. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favour of the other party.
10.4 Disputes as a Buyer
10.4.1 All transactions made on MedSourceHub are final. For any goods damaged in transit, shipping insurance will be used to reimburse the cost of the goods.
10.4.2 If there are any discrepancies with the goods received, MedSourceHub is unable to support refunds, outside what has been agreed upon in the contract. It is recommended that Buyers purchase at their discretion and are aware of any associated risks. Samples of products are available upon request for relevant testing and verification assurances.
10.5 Disputes as a Supplier
10.5.1 As a Supplier, we encourage you to communicate actively with Buyer especially if there are any exceptional circumstances. We encourage you to be prompt in responding to Buyers in order to avoid any unnecessary disputes.
11.1 If you are dissatisfied with MSH and our services, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:
11.1.1 Governing Law. MedSourceHub's local laws govern the Terms of Service. The local laws are dependent on the location of incorporation. These laws will then apply no matter where in the world you reside.
11.1.2 You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.
12.1 We are continuously updating and improving MSH to try to find ways to provide users with new and innovative features and services. Improvements and updates are made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
12.2 We may revise the Terms of Service but the most current version will always be at this link.
12.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.
12.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
MedSourceHub is a curated marketplace. However, it is the Supplier's responsibility to ensure that their proposed product complies with all laws and is allowed to be listed for sale in accordance with local laws' of the marketplace's incorporation.
If an product/service is found to be in violation of this policy, we may subject the Supplier to a range of adverse actions, including listing deletion, account suspension, account termination and legal action.
The following provides a non-exhaustive example list of types of products that are prohibited:
i. Counterfeit products
ii. Unauthorized resale of products
iii. Stolen or Illegal goods
iv. Recalled products or items
xx. Mislabeled goods
And any other products illegal or restricted in the jurisdiction of the Buyer and/or the Supplier or which otherwise encourage illegal or restricted activities.
If you see a listing that violates our policies, please contact us.
If you would like to contact us please email us at: firstname.lastname@example.org. We value hearing from our users and are always interested in learning about ways we can improve. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.