Connection to the Medstore ET website implies full and unconditional acceptance of the following provisions.
1 - Ownership
The current website (hereafter, "Site "), accessible at the URL address www.medstore.et as well as its sub-domains, is the property of Medstore Trading PLC(hereafter, “Medstore"), a Digital Solution Provider with, registered with the Ethiopian Trade with headquarters at Djibouti street, Addis Ababa,
Ethiopia. For contact information, Mr. Antenyismu Yisraw the CTO is in charge. For all requests, you can contact us by email at firstname.lastname@example.org, and by phone at +251988154545.
2 - Web Host
Yegara Host Headquarters: Yeha commercial Center 2nd Floor, Stadium Addis Ababa, Ethiopia Telephone: 0960171717 Site address: https://yegara.com/
3 - Site Content - Reproduction
Site content (hereafter, "Content") means the general structure of the Site, its URL, the name of the corresponding domain, the Site's graphics, its constituent texts, still and animated images and sounds, the trademarks and logos
of Medstore ET.
Any partial or total reproduction of the Site or its Content by whatever means without the express prior authorization of Medstore ET contravenes Article L.122-4 of the Law on Intellectual Property and constitutes a forgery
sanctioned by Articles L.335-2 and the following articles of the same law. The same applies to the extraction and/or partial or total use of any databases found on the Site. These are the property of Medstore ET, their creator,
and as such are protected by the provisions of Ethiopian Intellectual Property Law.
4 - User License
By virtue of connecting to the Site, the internet user who visits the Site (hereafter, "Visitor") acknowledges having accepted from Medstore ET a user license strictly limited by the following binding conditions:
the license is not exclusive;
the user rights granted to the Visitor are personal and private, which means that any reproduction of the Site Content on any type of device for collective or professional use, even for internal company use, is prohibited. The
same applies to the electronic transfer of Content, even by company intranet or extranet;
user rights only include authorization to save for display on a single-workstation screen and to make a copy to save and/or print
Site pages can in no case be included on or embedded in the pages of another website. Violation of these provisions subjects the offender to criminal and civil sanctions as determined by French law
5 - Personal Data
6 - Trademarks
Brand names and logos present on the Site are the registered trademarks of Medstore ET. Any total or partial reproduction of these trademarks and logos without the express consent of their registered owners is forbidden. The Medstore
ET trademark is registered with INPI under the number 8676504.
The Website makes it possible to put Buyers and Sellers in contact, in particular through the requests formulated by Buyers and transmitted to Sellers. Publish Medical Equipment Tenders online, Get Tender Notification through subscription.
Connect Registered Manufacturers and Distributos through a request make by each party. 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 UTHORIZED TO USE MEDSTORE ET SERVICES.
ARTICLE 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, etc
“Visitor”: refers to 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
“Accounts”: an identified and registord visitor with specific role and access to use the website.
“Seller”: refers to any Local manufacturer, Importer, wholesaler listed on the Website.
“Buyers”: refers to any Hospital, Clinics or NGO registered using Buyer Account registration form.
“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 Accounts by Medstore ET on the Website
“Tenders”: refers to an information listed by Medstore ET itself or Publishers on the website for the dissemination of procurement information.
“Website”: refers to any website published and run by Medstore ET, namely the Websites accessible at the URL addresses with the names Medstore.ET
ARTICLE 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 Medstore ET and the Visitors concerning the use of the Website and the Services offered
on it. The relationship between Medstore ET and the Seller is governed by the General Sales Conditions applicable to Sellers. Any Company who wants to become a Seller or Buyer or Manufacturer on the Website must contact Medstore
ET by filling in the 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 is deemed to be made in the name and
on behalf of said Visitor by a duly authorized person.
ARTICLE 3. WEBSITE AND SERVICES
The Services are provided by Medstore ET to Visitors and Buyer 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 Visitor is informed
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.
To publish Medical equipment Tenders online by a Buyer Account, and Seller subscribe to a service and get latest Tender Updates.
To Connect Foreign Manufacturers with Local Distributors through the website after registering needed account type.
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 Medstore ET 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 the formatting or translation of content provided
by the Seller).
Similarly, Medstore ET 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, Medstore ET intervenes only in the following qualities:
Hosting in the sense of the French law number 2004-575 of June 21, 2004 for trust in the digital economy;
Online platform operator according to French law number 2016-1321 of October 7, 2016 for a Digital Republic.
All of the Articles, indications relating to the Products or to the Seller's points of sale (information sheets, characteristics, possible prices, etc.) are established by the Sellers (and/or are publicly available on the Internet)
without the intervention of Medstore ET on the content (except, where applicable, formatting and the translation of the content, it being specified that the translation of the Product descriptions is done via automated software).
Medstore ET cannot therefore be held responsible for information provided by Sellers or information publicly available about their Products, for which Medstore ET does not have the status of publisher. Medstore ET also publishes content
on the Website, including thematic e-magazines, accessible online on the Website. The Visitor can subscribe to the e-magazines as well as, generally, to the Medstore ET newsletters, 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 Visitor Member or Identified Visitor agrees to provide Medstore ET 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 Medstore ET 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 Medstore ET.
When creating an account, the Visitor Member must use an email address, Phone number and password that are personal and confidential. The Visitor Member 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 Member who has knowledge of a fraudulent use of their account details must inform Medstore ET as soon as possible.
The account allows the Visitor Member 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 Sellers,
manage his or her subscriptions, etc.
ARTICLE 4. VISITORS' OBLIGATIONS
When using the Website, each Visitor undertakes not to undermine public order, 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 Virtual Expo, the Sellers and third parties;
Be honest and sincere in the information provided to Virtual Expo 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 Virtual Expo concerning the elements of the Website;
Not seek to undermine the meaning of Articles 323-1 and following of the French Penal Code on the systems of automated data processing implemented on the Website;
Not modify the information put online by Virtual Expo 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.
ARTICLE 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 Medstore ET 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 articles
L.335-2 and following and articles L.713-1 and following of the French Intellectual Property Code.
In particular, Medstore ET 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 Medstore ET's intellectual property rights and commitment to respecting them.
ARTICLE 6. RESPONSIBILITY
6.1. GENERAL PRINCIPLES
Medstore ET's obligations are obligations of means.
Medstore ET 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, Medstore ET 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.
Medstore ET 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 Medstore ET 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 Medstore ET 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 Medstore ET;
in the event of any breach by the Visitor or the Seller in the direct relationship between the Visitor and the Seller, in which Medstore ET does not participate.
In any event, Medstore ET 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.
With regard to Visitors who are professionals, Medstore ET's liability is excluded for immaterial damages such as loss of opportunity, loss of profit, loss of contract or damage to image and will, in any event, be strictly limited
to the amount of €1,000.
6.2. HOSTING STATUS
Visitors acknowledge that Medstore ET has the status of host according to the meaning of Article 6 I 2 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy known as LCEN.
As such, Medstore ET reserves the right to remove any content it has been informed of and that it considers manifestly illegal within the meaning of this text
The notification of manifestly illegal content by a Visitor or any other third party must be made by email or by registered mail with acknowledgment of receipt and comply with Article 6 I 5 of the same law.
6.3. ONLINE PLATFORM OPERATOR
The listing of Products on our search engine is linked solely to the relevance of the product. The evaluation of this relevance is based on the level of similarity between the semantics of the search performed and the semantics of
the definition/model/brand chain. A maximum of 3 products per brand will be listed for each search. If there is equal relevance, the Products of Sellers who have signed up for an annual subscription with Medstore ET will be highlighted.
Sellers are subject to Medstore ET's General Sales Conditions and may be unlisted if they fail to comply with them.
ARTICLE 7. CANCELLATION
Medstore ET may terminate the Visitor Member's account in the event of the Visitor Member's 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 Medstore ET from the Visitor Member for damages suffered as a result of such breaches.
Medstore ET may refuse the creation of an account or the sending of a request to any Visitor who has committed a breach of the TOU.
ARTICLE 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 Medstore ET at any time, in particular to adapt to legislative or regulatory changes. In the event of refusal of the new TOU, the Visitor Member may terminate their account.
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.
ARTICLE 9. LANGUAGE, APPLICABLE LAW AND DISPUTE RESOLUTION
Any translation of the TOU into a language other than English is given as an indication, only the French version shall prevail. The French version of the TOU is available on the Website, which ends in .et or upon request to Medstore
9.2. APPLICABLE LAW
The present TOU and, in general, the relations between the Visitor and Medstore ET are governed by French law.
When the Visitor is a consumer and resides in a Member State of the European Union other than France, the latter is informed that they also benefit, according to Article 6 paragraph 2 of the Rome I Regulation, from the protection afforded
to them by the mandatory provisions of the law applicable to them.
9.3. DISPUTE RESOLUTION AND JURISDICTION
Prior to any legal recourse, negotiation in a spirit of good faith shall be privileged with the aim of reaching an amicable agreement in the event of any dispute relating to the Contract, including its validity.
If no amicable agreement is reached within one (1) month of one of the parties receiving written referral of the matter, each party shall regain its full freedom of action and right to appeal to a judge.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings.
Only the French courts within the jurisdiction of Medstore ET's headquarters will be competent (this provision being applicable only to Visitors having the capacity of merchant in accordance with Article 48 of the French Code of Civil Procedure).
Hello. You should read these terms, conditions in full because they apply every time you visit Medstore ET platforms, and use any of its features.
1.1. Account Manager: Medstore ET employee specialized in supporting commercial growth and relevancy of a Vendor on the platform. The attribution of an Account Manager to
1.2. Announce: is a product listed by the Vendor on Seller portal in order to be sold on Medstore. An announce is made of the product name, the product description, pictures of the product and the selling price of the product.
1.3. Announce Price: This is the price of the goods as set up by the Vendor or modified by Medstore in the case of a Promotion for which the Vendors give express written agreement.
1.4. Agent means a person that is duly authorised to act on behalf of the Ahewa.
2. Registration and account
2.1. You may not register with our marketplace if you are under 18 years (by using our marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years old).
2.2. You may register for an account with our marketplace by completing and submitting the registration form on our marketplace.
2.3. You represent and warrant that all information provided in the registration form is complete and accurate.
2.4. If you register for an account with our marketplace, you will be asked to provide an email address/user ID and password and you agree to:
2.4.1. keep your password confidential;
2.4.2. notify us in writing immediately (using our contact details provided at section 23) if you become aware of any disclosure of your password; and
2.4.3. Be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
2.5. We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
2.6. You may cancel your account on our marketplace by contacting us as provided at section 2.
3. Terms and conditions of sale
3.1. You acknowledge and agree that
3.1.1. The marketplace provides an online location for sellers to sell and buyers to purchase products;
3.1.2. We shall accept binding sales, on behalf of sellers, but Medstore is not a party to the transaction between the seller and the buyer; and
3.1.3. A contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer's confirmation of purchase via the marketplace.
3.1.4. Subject to these general terms and conditions, the seller's terms of business shall govern the contract for sale and purchase between the buyer and the seller. Not with standing this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
3.2. the price for a product will be as stated in the relevant product listing;
3.2.1. the price for the product must include all taxes and comply with applicable laws in force from time to time;
3.2.2. delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;
3.2.3. products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to buyer; and
3.2.4. The seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.
4. Returns and refunds
4.1. Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory.
4.2. Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion:
4.2.1. in respect of the product price;
4.2.2. local and/or international shipping fees (as stated on the refunds page); and
4.2.3. By way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.
4.3. Returned products shall be accepted and refunds issued by Medstore, for and on behalf of the seller.
4.4. Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.
5.1. You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.
6. Rules about your content
6.1. In these general terms and conditions, 'your content' means:
6.1.1. All works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our marketplace for storage or publication, processing by, or onward transmission; and
6.1.2. All communications on the marketplace, including product reviews, feedback and comments.
6.2. Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.
6.3. Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet, and must not:
6.3.1. be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
6.3.2. Depict violence in an explicit, graphic or gratuitous manner; or
6.3.3. be blasphemous, in breach of racial or religious hatred or discrimination legislation;
6.3.4. be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
6.3.5. Cause annoyance, inconvenience or needless anxiety to any person; or
6.3.6. Constitute spam.
6.4. Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:
6.4.1. any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
6.4.2. any right of confidence, right of privacy or right under data protection legislation;
6.4.3. any contractual obligation owed to any person; or
6.4.4. Any court order.
6.5. You must not use our marketplace to link to any website or web page consisting of or containing material that would, were it posted on our marketplace, breach the provisions of these general terms and conditions.
6.6. You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
6.7. The review function on the marketplace may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
6.8. You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments.
6.9. You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.
6.10. We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
6.11. If you learn of any unlawful material or activity on our marketplace, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us as provided at section 23.
7. Our rights to use your content
7.1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.
7.1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.
7.1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.
7.4. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
7.5. Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublished or edit any or all of your content.
8.1.In this section 8 terms/words “marketplace” and 'website' shall be used interchangeably to refer to Medstore's websites and mobile applications. 8.2. Youmay:
8.2.1. view pages from our website in a web browser;
8.2.2. download pages from our website for caching in a web browser;
8.2.3. Print pages from our website for your own personal and noncommercial use, providing that such printing is not systematic or excessive;
8.2.4. Stream audio and video files from our website using the media player on our website; and
8.2.5. Use our marketplace services by means of a web browser, subject to the other provisions of these general terms and conditions.
8.3. Except as expressly permitted by section 8.2 or the other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer.
8.4. You may only use our website for your own personal and business purposes in respect of selling or purchasing products on the marketplace.
8.5. Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
8.6. Unless you own or control the relevant rights in the material, you must not:
8.6.1. Republish material from our website (including republication on another website);
8.6.2. Sell, rent or sub-license material from our website;
8.6.3. show any material from our website in public;
8.6.4. Exploit material from our website for a commercial purpose; or of website and mobile applications
8.6.5. Redistribute material from our website.
8.7. Notwithstanding section 8.6, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
8.8. We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
8.9. You must not:
8.9.1. Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
8.9.2. use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
8.9.3. hack or otherwise tamper with our website;
8.9.4. probe, scan or test the vulnerability of our website without our permission;
8.9.5. circumvent any authentication or security systems or processes on or relating to our website;
8.9.6. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
8.9.7. impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
8.9.8. decrypt or decipher any communications sent by or to our website without our permission;
8.9.9. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
8.9.10.access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
8.9.11. violate the directives set out in the robots.txt file for our website;
8.9.12.use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
8.9.13. Anything that interferes with the normal use of our website.
9. Copyright and trademarks
9.1. Subject to the express provisions of these general terms and conditions:
9.1.1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and 9.1.2. All the copyright and other intellectual property rights in our website and the material on our website are reserved.
9.2. Medstore's logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
9.3. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
10. Data privacy
10.1. Buyers agree to processing of their personal data in accordance with the terms of Medstore's Privacy and Cookie
10.3. Sellers shall be directly responsible to buyers for any misuse of their personal data and Medstore shall bear no liability to buyers in respect of any misuse by sellers of their personal data.
11. due diligence and audit rights
11.1. We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
11.2. You agree to provide to us all such information, documentation and access to your business premises as we may require:
11.2.1. in order to verify your adherence to, and performance of, your obligations under this Agreement;
11.2.2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
11.2.3. As otherwise required by law or applicable regulation.
12. Medstore's role as a marketplace
12.1. You acknowledge that:
12.1.1. we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;
12.1.2. we do not check, audit or monitor all information contained in listings; 12.1.3.we are not party to any contract for the sale or purchase of products advertised on the marketplace;
12.1.5. we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
12.2 We do not guarantee and guarantee the following conditions
12.2.1.the completeness or accuracy of the information published on our marketplace;
12.2.2. That the material on the marketplace is up to date;
12.2.3. That the marketplace will operate without fault; or
112.2.4.That the marketplace or any service on the marketplace will remain available.
12.3. We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing the marketplace.
12.4. We do not guarantee any commercial results concerning the use of the marketplace.
12.5. To the maximum extent permitted by applicable law and subject to section 13.1 below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace.
13. Limitations and exclusions of liability
13.1. Nothing in these general terms and conditions will:
13.2. limit any liabilities in any way that is not permitted under applicable law; or
13.2.1. Exclude any liabilities or statutory rights that may not be excluded under applicable law.
13.2.2.The limitations and exclusions of liability set out in this section 13 and elsewhere in these general terms and conditions:
13.2.3. are subject to section 13.1; and
13.2.4.Govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions. We do not warrant or represent:
13.3. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
13.4. Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section 13.4.
13.5. Notwithstanding section 13.4 above, we will not be liable to you for any loss or damage of any nature, including in respect of:
13.5.1. any losses occasioned by any interruption or dysfunction to the website; 13.5.2. any losses arising out of any event or events beyond our reasonable control; 13.5.3.any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
13.5.4. any loss or corruption of any data, database or software;
13.5.5. Any special, indirect or consequential loss or damage.
13.6. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13.7. Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them
14.1. You hereby indemnify us, and undertake to keep us indemnified, against:
14.1.1. any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions or the Medstore codes, policies or guidelines; and
14.1.2. Any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
15. Breaches of these general terms and conditions
15.1. If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions.
15.2. If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Medstore codes, policies or guidelines in any way we may:
15.2.1. temporarily suspend your access to our marketplace;
15.2.2. permanently prohibit you from accessing our marketplace;
15.2.3. block computers using your IP address from accessing our marketplace; 15.2.4. contact any or all of your internet service providers and request that they block your access to our marketplace;
15.2.5. suspend or delete your account on our marketplace; and/or 15.2.6.Commence legal action against you, whether for breach of contract or otherwise.
15.3. Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
16. Entire agreement
17.1. Should these general terms and conditions, the seller terms and conditions, and the Medstore codes, policies and guidelines be in conflict, these terms and conditions, the seller terms and conditions and the Medstore codes, policies and guidelines shall prevail in the order here stated.
18.1. We may revise these general terms and conditions, the seller terms and conditions, and the Medstore codes, policies and guidelines from time to time.
18.2. The revised general terms and conditions shall apply from the date of publication on the marketplace.
19.1. If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2. If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
21. Third party rights
21.1. A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. 21.2. The exercise of the parties' rights under a contract under these general terms and conditions is not subject to the consent of any third party
22. Law and jurisdiction
22.1. These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.
22.2. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.
23. Our company details
23.1. Medstore.et marketplace is operated by Medstore technology solution S.C. it is registered in Ethiopian law under registration number 980/2016.
23.2. Registered Address 22 MAZORIYA INFRONT OF GULAGOL, TOWN SQUARE MOLL 8th FLOOR HOUSE NO. New, Office no.802 P.O. Box 19450 Addis Ababa, Ethiopia. You can contact us by using our marketplace contact form.
1. How is Personal Information about our Customers used?
Users' data may be shared with Medstore to improve the order and shopping process and customer service. It may also be used for both marketing research and customer relationship management purposes. What is done with your personal information? Process
orders. Deliver products and services. Develop products and services that are better acquainted with you. Process payments and communicate with you about your orders, products, services and promotional offers. Update our database and
your account to provide a unique and targeted navigation experience. Prevent, detect and set up multiple defense systems against fraud and abuse that may occur on our site. For example, Medstore .com will provide accurate and useful
information for you to purchase legit goods at the best prices. Mix-ups of price and shipping costs, which later lead to extra costs, will not occur. By completing an order or signing up, you agree to receive emails associated with
finalizing your order, which may contain relevant offers from third parties, or different suppliers, to help you better explore your options. Emails asking you to review your purchase and to check if you are sure about your orders.
Promotional emails, SMS notifications and push notifications from Medstore . You may unsubscribe from promotional emails via the link provided in each email. If you would like us to remove your personal information from our database,
unsubscribe from email subscriptions and/or SMS notifications. When emailing our Customer Service email address by country.
2. What about Cookies?
Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features to make your navigation experience unique and targeted. The acceptance of cookies is highly recommended for the functionality
of the "baskets" on the site. Not a requirement for visiting the Site. Ordering is only possible with the activation of cookies. Cookies are tiny text files that identify your computer to our server as a unique user when you visit
certain pages on the Site. Your Internet browser on your computer's hard drive stores them. Cookies can be used to recognize your Internet Protocol address, saving you time while you are on, or want to enter, the Site. We only use
cookies for your convenience using our Site (for example to remember who you are when you want to use your shopping cart without having to re-enter your email address) your browser can be set to not accept cookies, but this would restrict
your use of the Site. Medstore uses Google Analytics for marketing and personal data optimization purposes. Medstore also uses Google Digital Marketing to propose targeted offers.
3. What is the accuracy of the Personal Data provided to Medstore?
You declare and guarantee that you are the owner or have the necessary rights to the content that you transmit to us. (i) the content is exact and true, (ii) the use of the content does not convey any of our policies and will not be damaging to any third
parties (i.e. the content is not defamatory).
4. How Secure Is Information About Me?
You need to protect your gadgets from unauthorized access to your password and your computer. Be sure to sign off when finished using a shared computer. We work to protect the security of your information during transmission by using Secure Sockets Layer
(SSL) software, which encrypts information you input.
5. Examples of Information Collected, Information you give us:
You provide most information when you search, buy, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; place an order through Medstore or one of our
third-party sellers; provide information in Your Account (and you might have more than one if you have used more than one email address when shopping with us) or Your Profile communicates with us by phone, e-mail, or otherwise; complete
a questionnaire or a contest entry form. As a result of those actions, you might supply us with information such as your name, address, and phone numbers; people whose and to whom purchases have been shipped, including addresses and
phone number; e-mail addresses of your close friends and other people; content of reviews and e-mails, personal description and photograph in your profile; and financial information and driver's license numbers. Automatic information:
Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet, login, e-mail address, password, computer and connection information such as browser type,
version, and time zone setting, browser plug-in types and versions, operating system, and platform, purchase history, which we sometimes aggregate with similar information from other customers to create features like Top Sellers, the
full Uniform Resource Locator (URL), clickstream. To, via, and from our Web site, including date and time; cookie number; products you viewed or searched for; and the call centre 9870 We may also use browser data such as cookies, Flash
information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect
technical information to help us identify your device for fraud prevention and diagnostic purposes. Most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device's
settings menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or your device manufacturer, or simply information from other sources. Examples of information
we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase (or communication more easily.), account information,
purchase or redemption information, and page-view information from some merchants with which we operate (co-branded businesses.) As well as whom we provide technical, fulfilment, advertising, or other services. Search terms and search
result information from some searches conducted through the Web search features are some information we may collect to give you the best you can have on Medstore