Last updated: November 08, 2021
The Website makes it possible to put Visitors and Sellers in contact, in particular through the requests formulated by Visitors and transmitted to Sellers.
The present Terms and Conditions of Use (hereinafter “TOU”) 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. FAILING THIS, YOU ARE NOT AUTHORIZED TO USE TRADEWINDS SERVICES.
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, a Seller’s company details etc.
- “Visitor”: refers to Seller, Buyer and Others any person, professional or consumer, who accesses and browses the Website. The Visitor must have the capacity to contract or, failing this, to enter into an agreement with the authorization of his or her legal representative.
- “Seller”: refers to medical or dental manufacturer or more generally any professional listed on the Website.
- “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 Visitors by TradeWinds on the Website.
- “Website”: refers to any website published and run by TradeWinds, namely the Websites accessible at the URL addresses with the names MedicaEx.com on which TradeWinds offers the Services.
- “TradeWinds”: refers to the company TradeWinds, a company registered under number 24403685 with the Department of Commerce, MOEA, with headquarters at 11F-8, No. 500, Shizheng Rd., Xitun Dist., Taichung City 407, Taiwan and whose legal representative is the TradeWinds Consulting Inc.
2. PURPOSE AND ACCEPTANCE OF THE TOU
2.1. PURPOSE OF THE TOU
The purpose of the present General Conditions of Use is to establish the contractual provisions relating to the respective rights and obligations of TradeWinds and the Visitors concerning the use of the Website and the Services offered on it.
The relationship between TradeWinds and the Seller is governed by the General Sales Conditions applicable to Sellers. Any professional who wants to become a Seller on the Website must contact TradeWinds by filling in the signup form available on the Website.
2.2. ACCEPTANCE OF THE TOU
The use of the functionalities of the Website and of the Services implies the acceptance of the TOU.
The acceptance of the General Conditions by one of the Visitor’s employees or associates or authorized via MedciaEx.com administrator is deemed to be made in the name and on behalf of said Visitor by a duly authorized person.
3. WEBSITE AND SERVICES
The Services are provided by TradeWinds to Visitors free of charge on the Website. Some Services require the Visitor to create an account or communicate certain personal data in order to be identified.
The Services are provided by TradeWinds to Sellers start with basic plan on the website. Some Services require the seller to publish products, company details, access request lists are must become a paid member.
What are the differences between the basic and premium plan for seller accounts:
- Basic: add 10 products, add company details, add to favorite, record viewed, full permissions access request lists, improve SEO
- Premium: add company details, add unlimited products, add to favorite, record viewed, full permissions access request lists, improve SEO, priority support
The Visitor is informed that the personal data concerning him or her that is communicated to TradeWinds is processed in accordance with TradeWinds’s privacy policy, which is available on the Website.
3.1. PURPOSE OF THE WEBSITE
The purpose of the Website is to present the Seller’s Products and Articles to Visitors, to provide Visitors 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 Visitor shall be responsible for the equipment necessary for access to and use of the Website, as well as the telecommunications costs incurred by their use.
It should be noted that TradeWinds 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 pending review of the formatting of content provided by the Seller). The products showcase are must relevant for medical, dentistry, healthcare, Medtech, biotechnology, pharmaceutical.
Similarly, TradeWinds does not participate in the relationship or possible contract between the Seller and the Visitor, who perform their respective obligations under their own responsibility.
By listing Sellers’ Products and Articles in order to put them in contact with a Visitor, TradeWinds intervenes only in the following qualities:
- The contents are relevant for medical, dentistry, healthcare, Medtech, biotechnology, pharmaceutical of products or articles.
- DO NOT insert any external link in text area, except URL text field.
- Only upload pictures of the product itself
All of the Articles, indications relating to the Products or to the Seller’s points of sale (information sheets, etc.) are established by the Sellers (and/or are publicly available on the Internet) without the intervention of TradeWinds on the content.
Therefore, TradeWinds cannot be held responsible for information provided by Sellers or information publicly available about their Products, for which TradeWinds does not have the status of the publisher. TradeWinds also publishes content on the Website, including buying guides, news and trends, accessible online on the Website. The Visitor can subscribe to the TradeWinds newsletter, by filling in the form provided for this purpose on the Website.
3.2. PRODUCT SEARCH AND CREATION OF AN ACCOUNT OR REQUEST
The Website allows Visitors 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 Visitors to make additional requests directly to the Seller concerning the Products likely to interest them.
To make a request, the Visitor must create an account or provide the identifying information required, according to the process featured on the Website.
The Visitors agree to post a request on the request wall, and that is share email, name, and request message for sellers who have access the request wall.
The Visitor agrees to provide TradeWinds 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 TradeWinds any necessary updating of the data communicated when signing up.
Once the Visitor Member has signed up, they will receive an account creation confirmation email from TradeWinds.
When creating an account, the Visitor must use an email address and password that are personal and confidential. The Visitor undertakes to ensure the confidentiality of his or her email address and password and will be liable for fraudulent use of this information due to a fault or negligence on their part. Any Visitor who has knowledge of fraudulent use of their account details must inform TradeWinds as soon as possible.
The account allows the Visitor 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 requests made to Seller, etc.
4. VISITORS’ OBLIGATIONS
When using the Website, each Visitor undertakes not to undermine public order and to comply with the laws and regulations in force and to respect the rights of third parties and the provisions of the TOU.
Notably, each Visitor must:
- Behave in a fair and reasonable way with regard to TradeWinds, the Sellers and third parties;
- Be honest and sincere in the information provided to TradeWinds and, where applicable, to Sellers and third parties;
- Use the Website in full compliance with its purpose as outlined in the TOU;
- Not divert the purpose of the Website in particular in order to commit crimes, misdemeanors or minor offenses punishable by the penal code or any other law;
- Respect the privacy of third parties and the confidentiality of exchanges;
- Respect the intellectual property rights of TradeWinds concerning the elements of the Website;
- Not seek to undermine the meaning of the systems of automated data processing implemented on the Website;
- Not modify the information put online by TradeWinds or a Seller;
- Not use the Website to send unsolicited messages on a massive scale (advertising or other);
- Not release data that would diminish, disorganize, slow down or interrupt the normal operation of the Website.
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 TradeWinds 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 by Taiwan Intellectual Property Code.
After TradeWinds express authorization, you must paste the hyperlink from a cite-specific page.
In particular, TradeWinds 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 TOU constitutes recognition by the Visitors of TradeWinds’s intellectual property rights and commitment to respecting them.
6. RESPONSIBILITY
6.1. GENERAL PRINCIPLES
TradeWinds’s obligations are obligations of means.
TradeWinds undertakes to do everything in its power to ensure continuity of service and access to the Website 7 days a week, 24 hours a day. However, TradeWinds draws the attention of Visitors 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.
TradeWinds 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. Visitors acknowledge that TradeWinds 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 TradeWinds or abnormal use or illegal exploitation of the Website by a Visitor 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 TOU attributable to the Visitors;
- 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 TOU;
- in the event of an extraneous cause not attributable to TradeWinds;
- in the event of any breach by the Visitor or the Seller in the direct relationship between the Visitor and the Seller, in which TradeWinds does not participate.
In any event, TradeWinds may only be held liable in the event of proven fault.
In the event of abnormal use or illegal exploitation of the Website, the Visitor is then solely responsible for damages caused to third parties and the consequences of claims or actions that could result from this.
7. CANCELLATION
TradeWinds may terminate the Visitor account in the event of the Visitor breach of any of their obligations after prior notification has been unsuccessful.
Termination shall be without prejudice to any damages that may be claimed by TradeWinds from the Visitor for damages suffered as a result of such breaches.
TradeWinds may refuse the creation of an account or the sending of a request to any Visitor who has committed a breach of the TOU.
8. GENERAL PROVISIONS
8.1. VALIDITY OF THE TOU
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of the TOU (non-essential) will not affect the validity of the TOU. Any such modification or decision shall in no case entitle the Visitors to disregard the TOU and/or their legal obligations.
8.2. MODIFICATION OF THE TOU
The TOU may be modified and updated by TradeWinds at any time, in particular to adapt to legislative or regulatory changes. In the event of refusal of the new TOU, the Visitor may terminate their account.
8.3. WAIVER
The failure of either party at any time to require strict execution by the other party of any provision or condition of the TOU shall not be deemed a definitive waiver of this provision or condition.