Terms and conditions of sale

1. You acknowledge and agree that:
   • TopazMed provides an online location for Manufacturers and Distributors of pharmaceutical products to sell and distribute their products wholesale to various Pharmacy Shops, Clinics and Hospitals throughout the country.
   • we shall accept binding sales, on behalf of Wholesalers, but TopazMed is not a party to the transaction between the seller and the buyer.
2. 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. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
   • the price for a product will be as stated in the relevant product listing;
   • the price for the product must include all taxes and comply with applicable laws in force from time to time;
   • 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;
   • 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 the buyer; and
   • 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.

Rules about your content


1. In these general terms and conditions, "your content" means:
   • 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 TopazMed for storage or publication, processing by, or onward transmission; and
   • all communications on TopazMed, including product reviews, feedback and comments.
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.
3. Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:
   • be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
   • depict violence in an explicit, graphic or gratuitous manner; or
   • be blasphemous, in breach of racial or religious hatred or discrimination legislation;
   • be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
   • cause annoyance, inconvenience or needless anxiety to any person; or
   • constitute spam.
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:
   • any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
   • any right of confidence, right of privacy or right under data protection legislation;
   • any contractual obligation owed to any person; or
   • any court order.
5. You must not use TopazMed to link to any website or web page consisting of or containing material that would, were it posted on TopazMed, breach the provisions of these general terms and conditions.
6. You must not submit to TopazMed any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
7. We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
8. If you learn of any unlawful material or activity on TopazMed, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us.

Use of website and mobile applications

1. You may:
   • view pages from our website in a web browser;
   • download pages from our website for caching in a web browser;
   • print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
   • stream audio and video files from our website using the media player on our website; and
   • use our website services by means of a web browser, subject to the other provisions of these general terms and conditions.
2. You may only use our website for your own personal and business purposes in respect of selling products on the marketplace.
3. Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material that is not yours on our website.
4. Unless you own or control the relevant rights in the material, you must not:
   • republish material from our website (including republication on another website);
   • show any material from our website in public;
   • exploit material from our website for a commercial purpose; or
   • redistribute material from our website.

1. you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
2. 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.
   
3. You must not:
   • 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;
   • 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;
   • hack or otherwise tamper with our website;
   • probe, scan or test the vulnerability of our website without our permission;
   • circumvent any authentication or security systems or processes on or relating to our website;
   • 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;
   • impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
   • decrypt or decipher any communications sent by or to our website without our permission;
   • 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;
   • access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
   • use our website except by means of our public interfaces;
   • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
   • do anything that interferes with the normal use of our website.

Breaches of these general terms and conditions

1. If we permit the registration of an account on TopazMed  it will remain open indefinitely, subject to these general terms and conditions.
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 TopazMed policies or guidelines in any way we may:
   • temporarily suspend your access to our website;
   • permanently prohibit you from accessing our website;
   • block computers using your IP address from accessing our website;
   • contact any or all of your internet service providers and request that they block your access to our website;
   • suspend or delete your account on our marketplace; and/or
   • commence legal action against you, whether for breach of contract or otherwise.
3. Where we suspend, prohibit or block your access to TopazMed site,  you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Copyright and trademarks

1. Subject to the express provisions of these general terms and conditions:
   • 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
   • all the copyright and other intellectual property rights in our website and the material on our website are reserved.
2. TopazMed 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.
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.

Entire agreement

1. These general terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.