BiotechZone Marketplace: Terms and Conditions of Use

Terms

BIOTECHZONE | TERMS AND CONDITIONS OF USE
Last updated: May 1, 2017
Our website biotechzone.com (the "Site") provides a marketplace where you can Search, Compare & Buy and also Promote & Sell Biologicals & Consumables, Chemicals & Reagents, Equipment & Instruments, Software and Services & Facilities in the Biotechnology, Life Sciences & Laboratory Technology fields. The marketplace is regulated by the following terms and conditions, the Contract Policy and the Privacy Policy. Please read these terms carefully and make sure that you understand them before using the Site.

1. About us
1.1. The Site is owned and operated by BZone Marketplace, Lda., a limited liability company registered under the law of Portugal, under registration number 513 945 970, VAT number 513 945 970 and headquartered at Rua do Hospital 78, 4535-466 S. Paio Oleiros, Portugal.
1.2. You can contact BiotechZone by writing to the address mentioned above or by email to [email protected].
 
2. The terms
2.1. By using the Site, you accept the following terms and conditions in full; if you disagree with the terms and conditions or any of its parts, you must not use the Site.
2.2. These terms and conditions, together with the Privacy Policy, constitutes the entire agreement between you and BiotechZone in relation to the use of the Site.
2.3. Notwithstanding 2.1., once you register on the Site, we will ask you to expressly agree to these terms and conditions.
2.4. You must be at least 18 years of age to use the Site - by using the Site, you declare that you are at least 18 years of age.
2.5. The Site uses cookies - by using the Site, you consent to our use of cookies in accordance with Privacy Policy.
2.6. These terms and conditions are available only in English.

3. Using biotechzone.com
3.1. You may only use the Site for business purposes, and to develop your professional activity, directly or indirectly, related to Biotechnology, Life Sciences and Laboratory Technology.
3.2. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the Site.
3.3. Unless you own or control the relevant rights in the material, you must not:
3.3.1. republish material from our website (including replication on another website);
3.3.2. sell, rent or sub-license material from our website;
3.3.3. show any material from our website in public;
3.3.4. exploit material from our website for a commercial purpose; or
3.3.5. redistribute material from our website, not including our newsletter.
3.4. We reserve the right to restrict access to areas, or whole, of the Site, at our discretion; you must not circumvent, or try to circumvent, any access restriction measures on the Site.
3.5. You must not:
3.5.1. use the Site in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
3.5.2. use the Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
3.5.3. use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, or any other malicious computer software;
3.5.4. conduct any systematic or automated data collection activities on or in relation to our website without our express written consent;
3.5.5. use data collected from our website for any direct marketing activity (including, but without limitation, email marketing, SMS, telemarketing and direct mailing).
3.6. You must ensure that all the information you supply through the Site, or in relation to it, is true, accurate and complete.
3.7. If you use the Site, or expressly agree to these terms and conditions, in the course of a business or other organizational project, then by so doing you bind to these terms and conditions not only yourself, but also the person, company or other legal entity that operates that business or organizational project. In this case, the references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

4. Registration process
4.1. Registration
4.1.1. To make a transaction on BiotechZone, you must be registered on the Site.
4.1.2. To register in the Site, you must be a business and perform your professional activity, directly or indirectly, related to Biotechnology, Life Sciences and Laboratory Technology fields. You have to hold all the licenses and comply with all the requirements demanded by the relevant laws to perform such activity.
4.1.3. Each business must hold solely one account. Duplicated accounts are not allowed.
4.1.4. The information provided in the registration process must be true, accurate and complete. You are responsible to keep such information updated.
4.1.5. The registration processes are addressed below. Your registration will only be concluded once BiotechZone verifies and validates your personal and institutional information (admin/ representative account). Until this moment, your account will be on Quarantine.
4.1.6. Quarantined accounts will not be able to buy or sell on BiotechZone. 
4.1.7. A PayPal Business Account is mandatory to sell on BiotechZone. Create a free account here.
4.1.8. Only one PayPal Business Account can be associated with a BiotechZone admin (representative) profile.
 
4.2. Buyer registration
4.2.1. This Section applies both to buyers and prospective buyers.
4.2.2. To become a buyer in the Site, you must be at least 18 years old.
4.2.3. To register as a buyer you have to follow a two-step process:
4.2.3.1. As a first step, your identity as a representative of the institution/ company will be validated (Representative ID Validation), in which you will have to complete and submit the account registration form on our website, providing the following details:
4.2.3.1.1. Institutional Email Address
4.2.3.1.2. Affiliation (Company/ Institution)
4.2.3.1.3. LinkedIn Profile
4.2.3.1.4. ID card/ Passport/ Driver license copy (Proof of Identity).
4.2.3.2. In a second step, the identity of your affiliation (company/ institution) will be validated (Affiliation ID Validation), in which you will be prompted to submit the following key information:
4.2.3.2.1. Affiliation VAT (Value-added Tax) number/ TIN (Tax Identification) number
4.2.3.2.2. Website
4.2.3.2.3. Affiliation LinkedIn Profile
4.2.3.2.4. Proof of Institutional address (Purchase order, Bill, etc) - document with no more than 6 months
4.2.3.2.5. Affiliation Certificates (Licensing, Certification & Accreditation Documents).
4.2.4. If you are not the representative of the institution/company you will be asked to provide the email of the representative.
 
4.3. Seller registration
4.3.1. This Section applies both to sellers and prospective sellers.
4.3.2. To become a seller on the Site:
4.3.2.1. if you are a sole trader, you must be at least 18 years;
4.3.2.2. if you are an institution or company, you must be legally established;
4.3.3. To register as a seller you have to follow a two-step process:
4.3.3.1. As a first step, your identity as a representative of the institution/company will be validated (Representative ID Validation), in which you will have to complete and submit the account registration form on our website, providing the following details:
4.3.3.1.1. Institutional Email Address
4.3.3.1.2. Affiliation (Company/ Institution)
4.3.3.1.3. LinkedIn Profile
4.3.3.1.4. ID card/ Passport/ Driver license copy (Proof of Identity).
4.3.3.2. If you are not the representative of the institution/company you will be asked to provide the email of the representative.
4.3.3.3. In a second step, the identity of your affiliation (company/ institution) will be validated (Affiliation ID Validation), in which you will be prompted to submit the following key information:
4.3.3.3.1. Affiliation VAT number/ TIN
4.3.3.3.2. Website
4.3.3.3.3. Affiliation LinkedIn Profile
4.3.3.3.4. Proof of Institutional address (Purchase order, Bill, etc) - document with no more than 6 months
4.3.3.3.5. Affiliation Certificates (Licensing, Certification & Accreditation Documents)
 
4.4. Site account
4.4.1. Once you register on the Site, you will be asked to choose a login name and password.
4.4.2. The login name must not be liable to mislead and must comply with these terms and conditions; you must not use your account or login for or in connection with the impersonation of any person.
4.4.3. You must keep your password confidential.
4.4.4. You must notify BiotechZone immediately once you become aware of any disclosure of your password.
4.4.5. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
 
5. Cancellation and suspension of account
5.1. BiotechZone reserves the right to, at any time and in our sole discretion, put on Quarantine, cancel or edit your account.
5.2. Once we carry one of the actions mentioned in 5.1. we will notify you.
5.3. If you have not breached these terms and conditions, the actions mentioned in 5.1. shall not affect any valid transaction that you have concluded in the Site.
5.4. You may cancel your account on the Site at any time, using your profile on the Site. If the affiliation of which you are the representative have multiple users, you must add a new admin first, before you can cancel your account.

6. Seller stores
6.1. Once you register on the Site, following Section 4.3., you will be able to create your store on the Site, where you will be able to present, list and sell your products/services (the “Store”).
6.2. To register the Store you should submit the following information:
6.2.1. Store Name
6.2.2. Welcome Message
6.2.3. Store Description
6.2.4. Return Policy
6.2.5. Licensing, Certification & Accreditation Documents
6.3. BiotechZone reserves the right to reject or delete any Store that breaches these terms and conditions or that does not meet any additional guidelines for seller stores published on the Site.
6.4. Once a Store is published, it will remain as such, subject to 9.4. and to any update or revision of these terms and conditions, which the Store must comply at any given moment.
6.5. Within the Store, your products will be presented and listed by: 
6.5.1. Buy it Now
6.5.2. Auction (equipment and instruments only)
6.5.3. New
6.5.4. Best Sellers
6.6. Within the Store, your services will be presented and listed by:
6.6.1. New
6.6.2. Best Sellers
6.7. The description and details of the product/service must be true, fair, complete and accurate in all respects. Such information must be kept up to date.
6.8. BiotechZone reserves the right to reject or delete any product/service that breaches these terms and conditions or that does not meet any additional guidelines for seller stores published on the Site.
6.9. You must keep your listings up to date.
6.10. You must ensure that all prices specified in or in relation to a product/service are in EUR (€), GBP (£) or USD ($).

7. What can be sold on BiotechZone.com
7.1. The products/services that you may present, list and sell are Biologicals & Consumables, Chemicals & Reagents, Equipment & Instruments, Software and Services & Facilities for the Biotechnology, Life Sciences & Laboratory Technology fields, for research and pharmaceutical purposes, among others.
7.2. For purposes of the previous point, the following are considered acceptable purposes:
7.2.1. Animal Use in vivo
7.2.2. Clinical Diagnostics
7.2.3. Clinical Research
7.2.4. Diagnostics
7.2.5. Drug Discovery & Development
7.2.6. Drug Manufacturing
7.2.7. Educational
7.2.8. Environmental
7.2.9. Human Use in vivo
7.2.10. In vitro Research
7.2.11. In vivo Research
7.2.12. Industrial
7.2.13. Laboratory
7.2.14. Non-pathogenic Microbiology
7.2.15. Non-Therapeutics
7.2.16. Pathogenic Microbiology
7.2.17. Pilot
7.2.18. Pre-Clinical Research
7.2.19. Process Development
7.2.20. Production/ Manufacturing
7.2.21. Research Use Only
7.2.22. Sales
7.2.23. Synthesis
7.2.24. Therapeutics
7.3. You can only list, sell/provide or buy the products/services to which you hold, and are able to prove to the Buyer or Seller/Service Provider, respectively, all the permissions, rights and/or licenses and comply, and are able to prove to the Buyer or Seller/Service Provider, with all the requirements needed to use it.
7.4. You must not present, list, sell or buy through the Site any product/service that:
7.4.1. breaches any law or any kind of regulation;
7.4.2. infringes any person's intellectual property rights or other rights;
7.4.3. gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
7.4.4. consists of or contains material that would, if published on the Site, contravene any provision of these Terms and Conditions;
7.4.5. is or relates to: pornography; obscene, indecent or sexually explicit materials; weapons or ammunition for any weapon; items that encourage or facilitate criminal acts or the infringement of any intellectual property right;
7.4.6. is or relates to: drugs, narcotics, steroids or any controlled substances, unless it is included for your business purposes, and its use fall into the scope of your professional activity, and you comply with clause 7.3.
7.4.7. in its trade, the law requires the compliance with special requirements, unless you are able to assure such compliance, namely concerning clause 7.3.

8.   The applicable fees
8.1. It is free to sign up to BiotechZone site and there are no subscription fees. It’s free to buy. It’s free to list products/ services on BiotechZone.com.
8.2. BiotechZone fees

8.2.1. BiotechZone does not charge any fee to Buyers.
8.2.2. BiotechZone only charges the seller a fee, when a sale occurs (success fee). The fee will be charged from the payment made by the buyer through PayPal.
8.2.3. BiotechZone charges the following success fees:
 

Biologicals & Consumables
Chemicals & Reagents
Equipment & Instruments
Software
10 %
5 %
Services & Facilities 5 %

8.2.4. Sign up until June 30th 2017 and benefit from a 50% discount on product sales fee, valid until July 31st 2017.
8.2.5. The success fees are levied on the total price, excluding VAT/ Taxes, minus the market price of the selected shipping method.
8.2.6. These fees may vary with time.
8.2.7. For each transaction, BiotechZone will send an invoice to the seller/service provider under the fee retained.
8.2.8. According to article 6. of the VAT Code (Portugal-CIVA), the fee paid to BiotechZone will be free of VAT, unless you are located in Portugal. In this case, VAT will be charged at the legal rate.
8.2.9. In the case of a transaction being subject to a total refund, no BiotechZone’s fees will apply.

8.3. Third-party fees
8.3.1. Third-party fees for payment processors, such as PayPal or Credit Card Processor, may apply.
8.3.2. Buying with PayPal on BiotechZone.com is free, unless a currency conversion is needed.
8.3.3. When selling with PayPal, a variable fee from 1.90 to 3.40%, plus a fixed fee of €0.35 per transaction, applies for EU customers or 1.90 to 2.90% + $0.30 per transaction for US customers. The more you sell, the less you pay. There are no sign up or monthly costs.
8.3.4. Additional currency conversion and/or cross-border payment fees may be charged by PayPal on international or cross-border transactions. Please, visit Transaction Fees for Cross-Border Payments for more information.
8.3.5. All PayPal fees are estimated. The exact fee depends on your country and the total sale amount. For more information on PayPal fees, please login at PayPal.com and visit PayPal Fees or contact PayPal customer support.
8.3.6. PayPal variable fees do not apply for total refund transactions, except the fixed fee per transaction.
8.3.7. If you buy using a credit or debit card, you may be charged international processing fees from your credit card issuer (varies depending on your financial institution). If the currency of your credit card is different from the purchase, there may be additional exchange charges according to the exchange rate as determined by your credit card.
 
9. The Role of Biotechzone
9.1. BiotechZone makes the best efforts to verify the identity of the users of the Site. However, this does not exempt every user to check the identity of the counter-part in each transaction. Therefore, BiotechZone is not liable for any incorrect information about the users of the Site.
9.2. BiotechZone makes the best efforts to check the information of the products/services sold on the Site. However, BiotechZone does not have access to such products/services. The lawfulness of selling such products/services, as well as its quality and delivery, are issues related to the contract concluded between the buyer and the seller/service provider, to which BiotechZone has no intervention. Therefore, BiotechZone is not liable for any issue arising from the products/services sold on the Site.
9.3. BiotechZone is also not responsible for the communications between the buyer and the seller/ service provider. BiotechZone provides no warranties.
9.4. Considering 10.1., 10.2. and 10.3., you acknowledge that:
9.4.1. BiotechZone does not confirm the identity or credit worthiness of the users of the site;
9.4.2. BiotechZone does not check, audit or monitor the products/services sold on the Site;
9.4.3. BiotechZone is not party to any contract for the sale or purchase of products/services listed on the website and is not, in any way, involved in any transaction between a buyer and a seller;
9.4.4. BiotechZone is not agent for any buyer or seller.
9.5.  Thus, BiotechZone will not be liable to any person in relation to the offer for sale or sale or purchase of any products/services advertised on our website.
9.6. Furthermore, BiotechZone is not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products/services and will have no obligation to mediate between the parties to any such contract.

10. The content
10.1. “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 the Site for storage or publication.
10.2. You must only create/upload content to the Site which you own or hold the permission/license to use.
10.3. Unless when explicitly stated otherwise, you grant to BiotechZone a worldwide, irrevocable, non-exclusive and royalty-free licence to use, reproduce, store, adapt, publish, translate, distribute and sub-license your content in any existing or future media.
10.4. 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.
10.5. You may edit your content to the extent permitted using the editing functionality made available on our website.
10.6. You warrant and represent that your content will comply with these terms and conditions - without prejudice to any other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete or edit any or all of your content.
10.7. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.8. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
10.8.1. infringe any intellectual property right - including but not limited to copyright, moral right, database right, trademark right, design right, right in passing off -, any right of confidence, right of privacy or right under data protection legislation - including but nor limited to breach of official secrets legislation - or any contractual obligation owed to any person;
10.8.2. be libellous, obscene, indecent, untrue, false, inaccurate or misleading, or be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
10.8.3. constitute negligent advice or contain any negligent statement;
10.8.4. be blasphemous, constitute an incitement to commit a crime, be in contempt of any court, or in breach of any court order, be in breach of racial or religious hatred or discrimination legislation;
10.8.5. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
10.9. You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
10.10. You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

11. Limited warranties and disclaimer of liability
11.1. Beyond the stated on clause 9., BiotechZone do not, by any means, warrant:
11.1.1. the completeness or accuracy of the information published on the site;
11.1.2. that any product/service published on the Site at any given time will remain available;
11.1.3. the compliance of the products/services published on the site with the law or any security or health policy.
11.2. BiotechZone reserves the right to discontinue or alter any or all services, and to prevent publishing on the Site, at any time and in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or change of any services, or if we stop publishing the site.
11.3. The warranty of products and services sold on the Site is always provided by the seller and the service provider, respectively; BiotechZone cannot, in any case, be liable for such warranty.
11.4. To the maximum extent permitted by applicable law, and subject to the following clause, BiotechZone excludes all its warranties and liability relating to the subject matter of these terms and conditions, the Site and its use.
11.5. If you come across any illegal material or activity on the Site, or any material or activity that breaches these terms and conditions, please report to BiotechZone.
11.6. Nothing in these terms and conditions will:
11.6.1. limit or exclude any liability for death or personal injury resulting from negligence;
11.6.2. limit or exclude any liability for fraud or fraudulent misrepresentation;
11.6.3. limit any liabilities in any way that is not permitted under applicable law; or
11.6.4. exclude any liabilities that may not be excluded under applicable law,
11.7. BiotechZone will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.8. BiotechZone will not be liable to you in respect of any loss suffered by you or your business, including, but without limitation, loss of profits, income, revenue, production, contracts or commercial opportunities.
11.9. BiotechZone will not be liable to you in respect of any loss or corruption of any data on the Site.
11.10. According to this clause, you agree that you will not bring any claim, personally or institutionally, against BiotechZone or our employees in respect of any losses you suffer in connection with the Site.
11.11. You hereby agree that BiotechZone may assign, transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions.
11.12. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights or obligations under these terms and conditions.

12. Breach of these terms and conditions
12.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
12.1.1. send you one or more formal warnings;
12.1.2. temporarily suspend your access to the Site;
12.1.3. permanently prohibit you from accessing the Site;
12.1.4. block computers using your IP address from accessing our website or contact your internet service provider and request that it blocks your access to the Site;
12.1.5. move the legal action against you; and/or
12.1.6. put on Quarantine or permanently delete your account on our website.
12.2. If BiotechZone suspends, prohibits or blocks your access to the Site, you must not circumvent such suspension, prohibition or blocking - including, but without limitation, creating or using a different account.
12.3. You will be liable for any loss, damage, cost, liability and expense incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of these terms and conditions or of any unlawful action performed by you while using the Site.
12.4. If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful or unenforceable, the remaining provisions will continue in effect.

13. Revision of these terms
13.1. BiotechZone may revise these terms and conditions.
13.2. If you are a registered user, BiotechZone will give you notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of the Site from the date such notice is given. If you do not agree with the revised terms and conditions, you must stop using the Site.
13.3. The contracts concluded under these terms and conditions are not intended to benefit or be enforceable by any third party. The exercise of the user’s rights that arise from a contract concluded under these terms and conditions is not subject to the consent of any third party.
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14. Jurisdiction and regulatory terms
14.1. A contract under these terms and conditions shall be governed by and construed in accordance with the Portuguese law and any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Portugal.
14.2. The Site will present the technical steps you must follow to conclude a contract under these terms and conditions.
14.3. These terms will be permanently available to users, in its current version at each moment. BiotechZone will not send a copy of these terms and conditions specifically to each user of the Site. Once these terms and conditions are updated, the previous version(s) will no longer be available on the Site.

15. Intellectual Property rights
15.1. Copyright (c) BZone Marketplace, Lda., 2016
15.2. Subject to the express provisions of these terms and conditions:
15.2.1. BiotechZone, 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
15.2.2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
15.3. The word “BiotechZone”, our logos and trademarks are protected by law and belong to BiotechZone, and to which BiotechZone gives no permission for using. Such use may constitute an infringement of our rights.
15.4. The third party registered and unregistered trademarks/brands or service marks on the Site are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
15.5. BiotechZone does not check user created/ uploaded content for violations of Intellectual Property Rights, copyright (copyright infringement - DMCA notices), trademarks (trademark infrigement) or other rights. If you detect any of these situations or any breach of our terms and conditions, please report it here. This content may be removed. Repeat infringers may have their user accounts cancelled permanently.