This User Agreement and all policies posted on our sites set out the terms on which Pharm Trade offers you access to and use of our sites, services, applications and tools (collectively “Services”). All policies, the Mobile Devices Terms, and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
The entity you are contracting with is Pharm Trade Inc.,. In this User Agreement, these entities are individually and collectively referred to as “Pharm Trade,” “we,” or “us.”
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate. Unless you opt out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
About Pharm Trade
Pharm Trade is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. Pharm Trade is not a traditional auctioneer.
While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Pharm Trade has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Using Pharm Trade
In connection with using or accessing the Services you will not:
post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
fail to pay for items purchased by you, unless you have a valid reason as set out in an Pharm Trade policy, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller;
fail to deliver items sold by you, unless you have a valid reason as set out in an Pharm Trade policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
manipulate the price of any item or interfere with any other user’s listings;
post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
take any action that may undermine the feedback or ratings systems ;
transfer your Pharm Trade account (including Feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Pharm Trade or the interests or property of users;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Pharm Trade;
interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any Pharm Trade application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights“) that belong to or are licensed to Pharm Trade. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Pharm Trade or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
commercialize any Pharm Trade application or any information or software associated with such application, except with the prior express permission of Pharm Trade;
harvest or otherwise collect information about users without their consent; or
circumvent any technical measures we use to provide the Services.
Sellers must meet Pharm Trade’s minimum performance standards. Failure to meet these standards may result in Pharm Trade charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing Pharm Trade in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
The fees we charge for using our Services are listed on our Standard Selling Fees page. We may change our seller fees from time to time by posting the changes on the Pharm Trade site 15 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
You must have a payment method on file when selling on Pharm Trade and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retain collection agencies and legal counsel. In addition, you will be subject to late fees. Pharm Trade, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Pharm Trade account, you must contact the collection agency directly.
When listing an item, you agree to comply with Pharm Trade’s rules for listing and selling policy and that:
You are responsible for the accuracy and content of the listing and item offered;
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Pharm Trade can’t guarantee exact listing durations;
Content that violates any of Pharm Trade’s policies may be deleted at Pharm Trade’s discretion;
We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyer’s location, search query, browsing site, and history;
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller’s history, including listing practices, Detailed Seller Ratings, Pharm Trade policy compliance, Feedback, and defect rate; and
- number of listings matching the buyer’s query.
To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
Some advanced listing upgrades will only be visible on certain Services.
Pharm Trade’s Duplicate Listing Policy may also affect whether your listing appears in search results.
Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.
We want to maintain a safe, fair, and enjoyable marketplace for both buyers and sellers. If you’re a buyer, we ask that you review and understand our policies, including the User Agreement, before you bid on or buy an item.
Our policies are intended to:
- Follow local laws and regulations
- Minimize risks to buyers and sellers
- Make sure that no one has an unfair advantage
- Create an enjoyable buying experience
- Protect intellectual property rights
When buying an item, you agree to the rules for buyers and that:
- You are responsible for reading the full item listing before making a bid or commitment to buy.
- You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).
- We do not transfer legal ownership of items from the seller to the buyer.
Rules about bidding and paying
- You can’t use Pharm Trade if your account contains false contact information.
Buyers and sellers sometimes need to be able to get in touch with each other, and we need to be able to contact our members.
- You must pay for any item you commit to buying.
Some Pharm Trade sellers use an auction-style format, allowing you to bid on an item. Bidding is fun, but keep in mind that each bid you make is a binding contract to buy the item if you win. The same is true for Buy It Now purchases. Not paying for an item after you agree to buy it has negative consequences, explained in our unpaid item policy.
- You can only bid if you really intend to buy the item, even if you’re making a non-binding bid.
You can only make non-binding bids on certain items. This type of bid still means that you intend to buy the item. The bottom line is, don’t place a bid unless you mean to buy the item.
- You can’t bid on your own item.
We call this shill bidding and it not only violates our policies, it’s against the law in many places.
- Be careful about bidding on several items if you only want one.
If you’re the winning bidder of more than one auction-style listing, you need to purchase all the items you’ve won, even if they’re the same or similar.
- You can only retract a bid under specific circumstances.
For example, if you meant to bid $10.00 but accidentally bid $1,000.00, you can retract the bid. Even then, you need to bid the amount you originally intended immediately. Never use bid retraction to manipulate the bidding process. Bid manipulation is unfair, and it has serious consequences. Learn more about retracting or canceling your bid.
- Make sure that you read the listing description before you bid.
Many of the problems buyers and sellers encounter are the result of simple misunderstandings about what is for sale and the terms of the sale. For example, some sellers only want to sell to bidders who live in a certain country, or who will pay using PayPal. Only bid on or buy an item if you can meet the requirements described in the listing. If you bid on an item and you don’t meet the seller’s requirements, we consider that unwelcome and malicious buying.
- If you know the seller, you can’t bid on the item with the intent to increase its price or desirability artificially.
This rule applies to family, friends, roommates, employees, and online connections.
Buying items from someone just to increase their Feedback score or improve their search standing is called shill bidding, and it’s against our policies.
- You can’t offer to buy items outside of Pharm Trade.
Our policies don’t cover items bought outside of our site. If you buy items outside of Pharm Trade, we don’t protect you against fraud. Sellers must follow the same rule, so if a seller offers to sell you something outside of Pharm Trade, don’t accept the offer. For more information, see our rules for everyone.
- If you buy an item from a seller in another country, you can’t ask the seller to mark the item as a gift in the customs declaration.
This is illegal, and against our policies. Learn more about our rules against encouraging illegal activity.
Rules about Feedback
- You can’t abuse the Feedback system.
This means you can’t threaten to leave a seller negative Feedback if that seller won’t do something that wasn’t promised in the original listing. This is called Feedback extortion and is against our policy.
Also, you can’t leave Feedback if you’re only doing it to help increase a seller’s Feedback score. This is a type of Feedback manipulation and is also not allowed.
Make sure that you understand and follow all of our Feedback policies.
If you’re having a problem with a seller
- Be honest and have good intentions when you try to resolve a transaction problem. Learn more about what to do if you don’t receive an item or it doesn’t match the listing description.
Attempts to manipulate the Money Back Guarantee are prohibited and can have serious consequences.
- You can’t try to contact other potential buyers to “warn” them about a seller.
This is called transaction interference. If you have a concern about a seller’s behavior, report it to us and we’ll investigate.
If you’re also a seller
If you’re also a seller, please be sure to read our rules for sellers, and make sure that your listings follow our guidelines.
To learn more about our policies, see our Marketplace Policy Tutorial and other Trust and Safety tutorials.
International Buying and Selling
Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
You may list your items directly on one or more of Pharm Trade’s international sites. Additionally, you may direct us to display your listing on Pharm Trade sites other than the original Pharm Trade listing site, including where you choose to list an item with an international shipping option (such as worldwide shipping or the Global Shipping Program): the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site’s User Agreement, policies, and the Pharm Trade International Selling Policy. You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings.
You authorize us to use automated tools to translate your Pharm Trade content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Pharm Trade, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Pharm Trade takes no responsibility and assumes no liability for any content provided by you or any third party.
We may offer catalogs including, for example, product images, descriptions and specifications that are provided by third parties (including Pharm Trade users). You may use catalog content solely in your Pharm Trade listings. The permission to use catalog content is subject to modification or revocation at any time at Pharm Trade’s sole discretion.
While we try to offer reliable data, we cannot promise that the catalogs or other content provided through the Services will always be available, accurate, complete, and up-to-date. As a buyer, you agree that Pharm Trade is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies. As a seller, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalog providers or us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogs and not to create any derivative works based on catalog content (other than by including them in your listings).
The name “Pharm Trade” and other Pharm Trade marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Pharm Trade in the U.S. and other countries. They may not be used without the express written prior permission of Pharm Trade.
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Pharm Trade’s Verified Rights Owner (VeRO) program works to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us and we will investigate.
To protect Pharm Trade from risk of liability for your actions as a seller, Pharm Trade has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of an Pharm Trade Money Back Guarantee case. This may result in PayPal restricting funds in your PayPal account.
Authorization to Contact You; Recording Calls
Pharm Trade may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Pharm Trade may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our User Privacy Notice, Pharm Trade may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences section of your My Pharm Trade.
Pharm Trade may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Pharm Trade to carry out the purposes we have identified above.
Pharm Trade may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Pharm Trade or its agents for quality control and training purposes, or for its own protection.
Privacy of Others; Marketing
If Pharm Trade provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Money Back Guarantee
Most Pharm Trade sales go smoothly, but if there’s a problem with a purchase, the Pharm Trade Money Back Guarantee helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any Pharm Trade Money Back Guarantee case.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Pharm Trade’s applications may not occur in real time. Such functionality is subject to delays beyond Pharm Trade’s control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
the content you provide (directly or indirectly) using the Services;
your use of or your inability to use our Services;
pricing, shipping, format, or other guidance provided by Pharm Trade;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Pharm Trade Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing Pharm Trade Section above;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Pharm Trade Money Back Guarantee up to the price the item sold for on Pharm Trade (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Pharm Trade’s Services or your breach of any law or the rights of a third party.