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TERMS AND
CONDITIONS
1.0 Acceptance
1.1 Your
access to and use of the National Pharmaceuticals ("National
Pharmaceuticals", "us", "we", or "our") Site ("Site") is subject to
the following terms and conditions ("Terms"). By using the Site or
ordering from us directly by facsimile or otherwise you represent
that you have read, understood and accepted these Terms and agree to
be bound by them.
1.2 If you
wish to become a registered user of the Site ("Member") or have an
order accepted by us, you will be deemed to have accepted these
Terms in their entirety. Terms and conditions which specifically
apply to Members are set out below under the heading "Members".
1.3 If you do
not agree to these Terms, and to be bound by any changes to them in
future, please do not use the Site or register as a Member .
2.0
Changes to these Terms
2.1 National
Pharmaceuticals reserves the right, at its discretion, to update or
revise these Terms. Please check these Terms periodically for
changes. Your continued use of the Site following the posting of any
changes to the Terms indicates your acceptance of those changes.
3.0
Site
3.1 This Site
and the information on it, is for use by licensed and or authorized
wholesalers and retailers of pharmaceuticals but not for end users.
Those who choose to access this Site from locations outside The
United States do so on their own initiative and are responsible for
compliance with their local laws. United States law governs the Site
and all contracts entered into through the Site.
4.0
Specific Terms
4.1 Customers
holding a valid wholesale pharmaceutical license may order
pharmaceuticals through this site as may registered medical
practitioners and pharmacists.
National
Pharmaceuticals may require information to be confirmed through its
agent in your country of domicile or through the appropriate
governmental agency of your right to purchase wholesale
pharmaceuticals. You agree to co-operate fully.
4.2 All
pharmaceuticals are sold to you without any representation by
National Pharmaceuticals as to the quality or fitness for purpose.
National Pharmaceuticals does not provide product support.
4.3
Pharmaceuticals are sold with directions and guides in English only.
4.4 We supply
product with the best expiry date available at the time of sale. If
customers have a specific request as to expiry date this must be
specified in writing at the time of order.
4.5 All
prices quoted exclude freight, insurance or customs charges. You are
responsible for all costs in relation to the transportation and
importation of the pharmaceuticals unless otherwise agreed. All
quotes are in United States dollars unless otherwise agreed and are
subject to exchange rate fluctuations.
4.6 You are responsible for all customs clearance, duties, charges
and legal requirements in country of destination. You must ensure
that any importation of pharmaceuticals from IT Pharmaceuticals
complies with your domestic law.
4.7 All
pharmaceuticals must be paid for by Telegraphic Transfer.
Only once
National Pharmaceuticals has confirmation of cleared funds and
payment of freight charges will the pharmaceuticals be released into
transit, unless otherwise agreed.
4.8 The
submission of an order is in every case conditional upon National
Pharmaceuticals being able to supply the order and National
Pharmaceuticals being satisfied that the terms of trade can and will
be complied with. National Pharmaceuticals may decline to supply any
order.
4.9 There may
be instances where even after an order is confirmed, we are unable
to supply you. In such cases your purchase price only will be
refunded in full.
4.10 At the
time of confirmation of an order National Pharmaceuticals will give
you an indication of the time for delivery to the country and place
of destination as arranged by you. National Pharmaceuticals makes no
warranty as to the accuracy of this estimate.
4.11 We
cannot re-import any goods and therefore there are no returns. In
the event of a product recall, returns will have to be negotiated
with the manufacturing pharmaceutical company directly. Refunds will
only be given if the manufacturing pharmaceutical company refunds us
in full.
5.0
Intellectual property rights
5.1 You
acknowledge and agree that all content and materials available on
the Site are protected by copyrights, trade marks or other
intellectual property rights and laws. No content or material on the
Site may be reproduced, adapted, linked to, distributed or used in
any way without the prior written consent of National
Pharmaceuticals. However, you may print or download one copy of the
materials or content on this Site on any single computer for your
personal use, provided you keep intact all copyright and other
proprietary notices.
6.0
Links
6.1 National
Pharmaceuticals has not reviewed all or any of the Sites linked to
the Site and is not responsible for the contents of any of those
Sites. National Pharmaceuticals requests that you obtain permission
prior to linking to this Site. Your linking to this Site is at your
own risk.
7.0
Disclaimer concerning information and materials
7.1 The Site
may from time to time contain information or data, including
calculation or other routines for use of visitors and Members. Such
information is not intended to be a substitute for your own judgment
or any advice provided by your own consultants or experts. You
should not use the information or data contained in this Site, or
use the routines or calculations, unless you have independently
evaluated and, where appropriate, concluded, that it is appropriate
for your own circumstances.
7.2 Any data,
information and prices on the Site may be displayed on a delayed
basis, and should be updated by clicking the refresh button on your
browser.
7.3 While
National Pharmaceuticals has endeavored to ensure that the content
and material on the Site is free from error, we do not warrant its
accuracy, adequacy or completeness or that it is suitable for your
intended use.
7.4
Disclaimer and indemnity concerning discussion groups and other
community activities
7.5 You agree
to abide by the Community Rules. Although National Pharmaceuticals
may from time to time monitor or review the discussions, chats,
postings, transmissions, bulletin boards or other dialogue
("Community Activities") on this Site, National Pharmaceuticals is
under no obligation to do so and assumes no responsibility or
liability arising from Community Activities contained in its Site,
or for any error, defamation, libel, slander, omission, falsehood,
false or misleading statement or conduct, obscenity, pornography,
profanity, danger or inaccuracy contained in any information within
its Site. National Pharmaceuticals does not monitor or review the
content of any off-Site pages or any other sites linked to its Site
and assumes no responsibility or liability arising from the contents
of such off-Site page or sites, or for any error, defamation, libel,
slander, omission, falsehood, false or misleading statement or
conduct, obscenity, pornography, profanity, danger or inaccuracy
contained in any information on such page or site.
7.6 You shall
not post or transmit any unlawful, threatening, libelous,
defamatory, obscene, inflammatory, pornographic or profane material
or any material that could constitute or encourage conduct that
would be considered a criminal offence, give rise to civil
liability, or would otherwise violate the law.
8.0
Non-availability
8.1 This Site
may not be continuously available for reasons that may include
maintenance or repair.
9.0
No Warranties
9.1 Your use
of the Site is at your own risk. The materials and information in
this Site are provided "as is" and "as available" and without
warranties of any kind, either express or implied. To the fullest
extent permissible by law, National Pharmaceuticals disclaims all
warranties, express or implied, including but not limited to implied
warranties of merchantability and fitness for a particular purpose.
National Pharmaceuticals does not warrant that the functions
contained in the materials will be uninterrupted or error-free, that
defects will be corrected, or that the Site or the server that makes
it available are free of viruses or other harmful components.
National Pharmaceuticals does not warrant or make any representation
regarding the use, or the results of the use, of the material in the
Site in terms of their correctness, accuracy, sufficiency,
reliability, or otherwise.
9.2 Under no
circumstances, including but not limited to negligence shall,
National Pharmaceuticals be liable for your reliance on any such
information nor shall National Pharmaceuticals be liable for any
direct, incidental, special, consequential, indirect or punitive
damages that result from the use of, or the inability to use, the
materials in this Site or the materials in any sites linked to this
Site, even if National Pharmaceuticals or a National
Pharmaceuticals-authorized representative has been advised of the
possibility of such damages.
9.3 If you
are using this Site for the purposes of a business, then you agree
that the provisions of the United States Consumer Guarantees Act
1993 shall not apply to your use of or any reliance on the Site.
10.0
Limitation of liability
10.1 In no
event shall National Pharmaceuticals' total liability to you for all
damages, losses, and causes of action (whether in contract, tort -
including but not limited to negligence - or otherwise) exceed the
amount paid by you, if any, for accessing this Site.
11.0
Indemnity
11.1 You
agree to indemnify National Pharmaceuticals and keep National
Pharmaceuticals fully indemnified against all actions, proceedings,
losses, liabilities, damages, claims, demands, costs and expenses
suffered or incurred by National Pharmaceuticals as a result of or
in connection with any negligent act or omission of yours or breach
of any of these Terms.
12.0
Additional terms for Members
12.1 If you
are accepted as a Member you will be issued with a User Name and
User Password chosen by yourself. You will be given your own User
Name as part of the application process. Under no circumstances
should you keep a written or electronic record of your User
Password, nor disclose your User Password to any other person.
12.2 Your
User Password must remain confidential to you alone and you must
take all reasonable steps to prevent disclosure of your User
Password. By utilizing your User Password on this site you confirm
that your use of the Site will be governed by these Terms and any
other terms (including the Community Rules) placed on the Site.
12.3 You
agree to:
· effect and maintain security measures to prevent (i) third parties
gaining access to, and/or using, the Site using your User Name or
User Password, (ii) any other interference with the Site (such
access, use, interference referred to in this Agreement as
"Unauthorized Use") and (iii) any loss or damage arising from
Unauthorized Use;
· notify us immediately you become aware of any Unauthorized Use
and, at your cost, take any action which is necessary or which we
may require to prevent any further Unauthorized Use occurring and
make good any damage arising from any Unauthorized Use; and
· advise us promptly of any unauthorized disclosure of User Name or
User Password or Unauthorized Use.
12.4 In
addition to the privacy terms below (under the heading, "Privacy"),
you further agree that we may, for the purpose of providing the
services and information on this Site to you, make use of any
information about you or your business or personal affairs which are
made known to us through our relationship with you whether through
the use of the Site or otherwise.
13.0
Privacy
13.1 We have
endeavored to develop the Site to enable us to provide services to
you while holding your personal information privately,
confidentially and securely. We use the information we collect to
enable us to deliver the best service to you and to enhance our
Site.
13.2 Within
our pages you may be asked to give personal information when you
register with us as a qualified customer or purchase products from
us. We ask only for information that is necessary to process your
registration or your orders and to enable us to fulfill our
obligations under any terms of sale or any other agreement that we
may have with you. We may also use information given to us by you to
check your credit or collect money owed to us by you, or to market
our other products and services.
13.3 You are
not obliged to provide us with this information, although failure to
do so may result in us being unable to process your registration or
provide you with information you may wish to obtain through this
Site.
13.4 If you
would like to inspect, correct, update or delete the personal
information we hold about you, please contact us at
14.0
Security
14.1 While we
endeavor to keep information and materials on the Site, including
those provided by you or on your behalf, secure and confidential, we
will not be responsible for any breach of security caused by third
parties and do not represent that the Site is completely secure.
15.0
Force Majeure
15.1 Should
the performance of any act or obligation required to be performed
under this agreement by either party, be prevented or delayed by
reason of any act of God, strike, lockout, boycott, shortage, fire,
tempest, war, unavailability of transportation, Governmental law,
order or regulation, interference or quarantine or any other cause
not within the control of either of those parties, then the
performance of the act will be excused.
All
matters and transactions in relation to this site are governed by
the laws of The United States and will be settled in The United
States under United States law.
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