This RX World website (the “Website) is intended to be a friendly and interactive marketplace for your pharmacy needs. This User Agreement (“Agreement”) lists out the terms and conditions of the agreement between you and RX World the company for the buying and selling of prescription drugs along with any other services provided by the Website (the “Services”). By using or visiting this Website, you agree to the below terms of this Agreement. As a condition of becoming a registered user (“Member”) of this Website and completing the registration process, you agree to accept the terms and conditions of this Agreement. If we change this Agreement, we will post a revised version of the Agreement for you to accept again in the same manner that you accept this one. The Services allow registered users who want to buy or sell non-expired, non-controlled prescription drugs (the “Prescription Drugs”) from or to other pharmacies that are Members. RX World does not have any ownership interest in the prescription drugs. The Website acts as a marketplace to allow Buyers and Sellers to interact regarding the transactions.
As used in this Agreement, “we”, “us”, “our”, and “RX World” refers to the RX World company and its affiliates, agents, employees, directors, officers, and others that control this Website. “You” refers to anyone visiting this website, specifically as a Member, Seller, or Buyer.
This Agreement will begin on the date of your enrollment as a Member and will continue until it is terminated by us or you as provided for herein. We reserve the right to terminate or suspend your membership at any time for any reason.
To become a Member, you must first accept the terms and conditions of this Agreement and enroll by creating an account and following the requisite registration process to seek required approval by RX World. Approval from us is required to make the registration complete. You must be able to form legally binding contracts, and be over the age of 18. You must also be a licensed pharmacist in good standing, or a licensed pharmacy owner that has not been suspended from using the Website. If you do not qualify, you are not allowed to be on this Website.
Password and Account Security. It is your sole responsibility to maintain your account, including the security of your email address and password and for all activity that occurs. You may not disclose your password to any third party other than those authorized by you to use your account in accordance with this Agreement. RX World takes no responsibility to secure or maintain your account or password. Should your password become compromised, it is your sole responsibility to change it immediately.
Buyer’s Representations. As a Buyer, you grant RX World permission to charge your bank account for the purchase of prescription drugs, shipping, processing and other related charges. If your bank account information changes, you must notify us at least 5 business days before the change occurs.
Seller’s Representations. As a Seller, you grant us permission to charge your bank account a nuisance penalty if you violate any terms. If your bank account information changes, you must notify us at least 5 business days before the change occurs. The seller will be charged a nuisance penalty of $30 (the “Nuisance Penalty”) if it posts prescription drugs for sale and is unable to produce the exact ones the Seller posted.
By becoming a Member, you specifically grant us the following permission: You grant us a non-revocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide, and perpetual right to exercise publicity, database, copyright, and trademark rights, including the right to reproduce, modify, adapt, publish and display on the Website and on our affiliated companies and partners websites, any public content you may provide to us in connection with your use of the Website and its Services. We shall be permitted to use your name or user ID, general location and other ancillary information in connection with the content for marketing, promotion and publicity efforts in any media known now or in the future. We will not sell, transfer or distribute your personal information, including your bank account information, your mailing address, phone number, fax number, or email address to any party not involved in the use of the Site.
RX World acts as a marketplace to allow Buyers and Sellers to interact more easily. In all cases, however, the submission and confirmation of orders are transactions between Buyers and Sellers only. RX World shall not be deemed a party to any contract by and between Seller and Buyer. As such, we cannot control whether sellers will or will not complete the sale of items they offer or if Buyer will complete the purchases of items they order. It is the Seller’s responsibility to fulfill confirmed orders, complying with 2013 Drug Supply Chain Security Act (the “DSCSA”), as well as delivery and shipment of the order. If you and another Member have a dispute, you release us and all of our affiliates, officers, directors, agents, parents, subsidiaries, attorneys and employees from any and all claims or damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
A member who wants to sell prescription drugs may post them to the Website. The Seller assigns a price to the prescription drugs and provides specific identifying information such as the name, size of the pill, the size of the pack, quantity of the pack, expiration date, lot number and package condition.
If you the Seller fails to deliver the items you posted or deliver invalid, fraudulent, altered, or misrepresented items, we reserve the right to cancel the order, terminate or suspend your membership, contact applicable regulatory agencies, and charge you reasonable penalties or fines. We strictly prohibit users from posting items if they are not able to provide the exact items to fulfill orders.
Seller’s obligations. The Seller must make available the full transactional history of the product it sells from manufacture to the current transaction and any other information required by the regulatory agency and law upon the request of Buyer, us, or any governmental regulatory agency. We reserve the right at our sole discretion to terminate a transaction or membership if we suspect any product offered by Seller to be suspect, counterfeit, adulterated, or suspicious in any way.
Seller’s Warranties. Seller expressly warrants the following: the prescription drugs it sells in any given transaction is the same as listed in its posting with no substitutions or changes to it; the descriptions of the prescription drugs accurately detail and describe those offered for sale; the items it posts for sale comply with the criteria for DSCSA as well as any other regulations then in force; all items it sells were received from a party in compliance with the DSCSA; Seller did not knowingly ship a suspect, counterfeit, or illegal product; that Seller did not knowingly provide false transaction information; and that Seller can readily provide the transactional history of any of the prescription drugs it sells and that it did not knowingly alter the transaction history; and that Seller agrees to honor the price posted when fulfilling any order. Seller certifies the item has been stored and handled pursuant to the manufacturer’s requirements, is not one of the Prohibited Items listed below under “Prohibitions”, and was acquired from a manufacturer or wholesaler in compliance with the DSCSA.
You represent and warrant that any information you provide to us, to other users, or to visitors is not fraudulent, false, inaccurate, misleading, obscene or defamatory; does not involve the sale of counterfeit, sample, or stolen items; does not infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; does not violate any law, statute, ordinance or regulation, including, but not limited to, those that govern consumer protection, unfair competition, anti-discrimination or false advertising; and does not contain any viruses or any such programming.
You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding the use of the Website and the value of the prescription drugs. We do not monitor, obtain, or have any knowledge of the face value of prescription drugs posted on the Website. We reserve the right to report any activity deemed suspicious or unusual to the appropriate authorities for investigation.
RX World is not responsible for any errors or misrepresentations made by the Seller regarding its account, prescription drug postings, or any transaction it is involved in.
Shipping. Once the order is placed, Seller will have 48 hours from the order time to confirm the availability of the items ordered. Buyer is responsible for shipping costs, unless the Seller offers otherwise. The Seller will provide a packing slip and shipping label to the Buyer to allow the Buyer to track the package. Sellers must use a reputable delivery service. Sellers are responsible for boxing and shipping items in conformance with the packaging guidelines of the delivery service it uses. Seller must include in its posting the type of shipping it will use and select the proper shipping method and packaging for the type of item, paying special attention to frozen or refrigerated items. If an item that is frozen or refrigerated is ordered, the Seller must choose to ship overnight at the quickest delivery option available. The Seller must follow the delivery guidelines to ensure that deliver time will not be extended due to a holiday or weekend schedule. The Seller retains ownership and the financial responsibility of the item until the item is delivered to the Buyer. If Buyer doesn’t refrigerate or freeze these items upon receipt, then Buyer is responsible for delivery and mishandling of shipment. We are not liable for any items that get lost, destroyed, or delayed in transit.
As a Seller, you agree not to include any promotional or other commercial material that is not provided or approved by us in your shipment to the Buyer. This includes, but is not limited to, material that promotes a website other than this one, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. If you fail to abide by this, we reserve the right to subject you to a penalty of $1,500 per instance that will be deducted from any pending order credits and/or your bank account directly as well as termination or suspension of membership.
Withholding of Funds. You agree and allow us to withhold payment or charge your bank account for monies owed in the event that a sale is canceled, we reasonably believe that you have committed fraud, illegal act, or omission during a transaction, you deliver incorrect items to a Buyer, or if you do not abide by the terms and conditions of buying and selling or any other relevant term under this Agreement for any reason.
Except as provided herein, you agree not to engage in the sale of prescription drugs through any website other than this Website without express permission from us.
The following items are strictly prohibited (the “Prohibited Items”) from being sold, posted, advertised, or purchased on the Website: the resale of prescription drugs purchased previously on the Website to any other Member within 60 days of the purchase; liquidation of inventory related to bulk purchases, sale (potential or actual), or pharmacy closure; selling items acquired through government discount programs or preferred pricing; posting and selling items that are restricted to a limited distribution network; posting and selling items subject to manufacturer’s pre-authorization; sale of recalled, quarantined, or otherwise adulterated drugs under local, state, or federal laws or regulations; or the transfer of isotretinoin or clozapine related chemicals or drugs.
Any and all violations of the above will result in legal liability to you as well as suspension or termination of your Membership and access denial.
You are solely responsible for the contents and your actions on this Website. To ensure a safe and healthy marketplace, you agree to abide by the following rules as a Member:
Non-solicitation and Offline Transactions. You expressly agree not to use the Website to contact, invite contact, solicit sales, or initiate or engage in transactions outside of this Website with other Members. Seller agrees to contact Buyer solely through the Website. We take no responsibility or liability for any damages you may incur by engaging in the above, including transactions that originate at/on this Website and/or are taken offline.
Conduct. You agree not to use obscene, derogatory, abusive, or offensive language or behave in such manner to any RX World’s employees, agents, or Members. You will treat and promote this Website as a friendly marketplace and will conduct yourself in a professional manner at all times while using this Website.
Illegal Activity. You agree not to use, or permit anyone else to use through your account, the Website or any of its services for unlawful or unauthorized purposes or in an unlawful manner. You agree to comply with all applicable ordinances, laws, and regulations regarding the use of the Website and the selling of any items. You agree to check that you are legally entitled to sell or purchase the relevant prescription drug with the applicable ordinances, laws, and regulations. It is your responsibility to ensure that you are not prohibited from selling or buying the items by any law or regulation. Under no circumstances are you allowed to sell or purchase stolen property or sample prescription drugs.
Confidentiality. During the course of your use of this Website and during transactions, you may receive information relating to us or our Services that is not known to the general public (the “Confidential Information”). You agree that all Confidential Information will remain the exclusive property of RX World, that you will use the Confidential Information only as necessary for your use of this Website and our Services. You agree not to disclose Confidential Information to any third party and will take any and all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. Unless we give you express permission, you are strictly prohibited from using our name, trademarks, logo, or other identifying information for any press release, public statement, or promotional or commercial material unless given written permission from us. You are strictly prohibited from misrepresenting or embellishing your relationship with us in any way.
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