User Agreement

1. GENERAL PROVISIONS

1.1 This public agreement (hereinafter referred to as the Agreement) regulates the relations between Bimedis and its partners/employees/contractors/involved persons, on the one hand, and any individual or legal entity, on the other hand, in the process of using the Website and receiving Bimedis services.

1.2. Bimedis is a group of companies that include:

- Bimedis Limited Liability Company, a legal entity registered under the laws of Ukraine, with its registered office at: 84 Stepana Bandery Street, Zalishchyky, Ternopil region, 48600, Ukraine;

- Bimedis Limited Liability Company, a legal entity organized under the laws of the United States of America, with its registered office at: 1016 East Osceola Parkway Kissimmee, FL. USA 34744.

1.3. The following terms are used in this Agreement:

1.3.1. Acceptance (agreement) of this Agreement is the performance of at least one of the following actions:

- the User's visit to the Website;

- registration by the User on the Website;

- payment by the User for the services of Bimedis.

1.3.2. Site  is one of the websites that are posted on the links bimedis.net, ru.bimedis.com, bimedis.com.. In each case, the Site refers to the website that the User uses at the appropriate time.

1.3.3. User is any capable individual or legal entity that has accepted the terms of this Agreement and uses the Website. In case the services are provided to persons who are minors, underage, of limited capacity or incapacitated, the Users are their respective guardians, trustees or legal representatives. Usually, the User is in the status of a Seller or Buyer of goods posted by the User or other Users on the Website.

1.3.4. Services are any paid services that may be provided by Bimedis to Users through the Website. Types of services on the Website:

1.3.4.1. Providing opportunities for adding placement:

·         providing the User with the opportunity to place ads openly and without limiting the visibility of information.

·         providing the user with the opportunity to place ads in a special mode of "closed ads" - these are ads in which the name, contact details and other information, the User noted, as well as the price of the equipment, are available for viewing and moderation only to Bimedis and are not visible to others Site users.

1.3.4.2. Advertising ads:

·         advertising ads on the Site - placing ads on the Site according to the algorithms defined by Bimedis, including, but not exclusively in a random order without priority of withdrawal, unless otherwise is not provided by the Account conditions.

·         social media advertising - the amount of such advertising is determined by Bimedis in accordance with the chosen marketing strategy during the period of payment of the respective Account. The amount of advertising actions for this type of advertising is determined solely by Bimedis and its marketing policy according to the marketing strategy of the respective period.

·         advertising on medical forums - the placement of advertisements on medical profile sites, the amount and quantity of such advertising are determined by the authorized Bimedis employees in accordance with the chosen marketing strategy during the period of payment of the respective Account. The amount of advertising actions for this type of advertising is determined solely by Bimedis and its marketing policy according to the marketing strategy of the respective period.

·         advertising ads in the special mode of "closed ads" - placing an advertisement that limits the visibility of the User's contacts, restricts the possibility of transmitting his messages and posting photos and videos without the User's identifying information.

1.3.4.3. Enabling the exchange of messages with other users of the site - enabling it to post their contact information and send their messages to other users.

1.3.4.4. Translate messages from other Users or own into another language from the list provided on the Site.

1.3.4.5. "Personal Business Card" - a feature available to the User within the selected paid account, which allows to create a personal page of the User with all his ads and contacts of his company.

1.3.4.6. "Personal Manager" - a feature available to the User within the selected paid account, which allows the User to get advice from Bimedis on the proper placement of ads and increase the sales of its equipment (300 minutes per 1 year).

1.3.4.7. One-time e-mail-mailing service - distribution of advertisements on the basis of the Site Users.

1.3.4.8. Other services specified in this Agreement.

1.3.5. User’s Account is an account created by the User on the Site and through which the User can manage (create, edit, delete) his ads on the Site. After registration on the Site, the User has the right to choose one of the accounts on the Site in accordance with the rules stipulated in this Agreement.

1.3.6. Registration on the Site - acceptance by the User of the offer for the conclusion of this Agreement, which is carried out by filling in the appropriate forms on the Site. Registration is considered to be completed only if all stages of its successful completion in accordance with the instructions published on the Site or the guides. In the event that a natural or legal person does not complete the registration procedure on the Site, it shall be deprived of the right to invoke the violation of Bimedis of any of the terms of this Agreement. Registration on the Site means that the User is familiar with this Agreement, understands and accepts its terms.

1.3.7. The Agreement means any deal and / or agreement aimed at the purchase and / or disposal of equipment and / or the provision of services concluded between Users during the use of the Site. Depending on the selected account, the Agreement may be concluded between the User and Bimedis. Agreements are concluded between Users independently, unless otherwise provided in this Agreement, including the selected User Account. Bimedis shall not be liable for any Agreements concluded between Users, as well as Users and any third parties, during the use of the Site. User agrees to resolve all disputes with other Users and third parties without the involvement of Bimedis.

1.3.8. Tariffs - the cost of Bimedis services, located at https://bimedis.com/pro_account.

1.3.9. "Archive" is the state of the User's announcement after the expiration of the announcement or the validity period of the Account, as well as in case of sale of equipment. After transferring of the User's ad to the Archive, Bimedis may move the advertisement to other sections of the Site or remove the advertisement from the Site.

1.3.10. A "Product Card" is a list of information contained in each ads for the sale of equipment. This information includes: name, price, manufacturer, model, condition of the equipment, as well as any other information about the equipment.

1.4. The rights and obligations of Bimedis and the User, the rules of use of the Site may also be contained in other links on the Site, instructions, applications, posted on behalf of Bimedis on the Site, if they do not contradict the content of this Agreement.

1.5. Bimedis, in case of payment by the User, may provide to the User services for ad placement, advertising services, commission services, agency and consulting services; make purchases from Equipment Users; sell equipment and analytical reports to users, and other services that are not prohibited by law.

1.6. If the client does not provide information about the relevance of the posted ads, Bimedis reserves the right to remove the ad from the site, informing the user about it in advance by e-mail specified during registration.

1.3.11. Other terms used in this Agreement shall be defined in accordance with the applicable law, and in the absence of a definition in the law, shall have a generally accepted meaning or be defined according to the rules of ordinary business practice.

1.5. Bimedis is a platform for trading new and used medical equipment. Bimedis provides users with an online platform for placing ads for the sale of medical equipment.

1.6. If the User does not provide data on the relevance of the posted ads, Bimedis reserves the right to remove (delete or restrict) the ads from the site, having previously informed the User by the e-mail specified during registration.

 

2. RULES, RIGHTS AND OBLIGATIONS

2.1. Rights of the User:

2.1.1. The User has the right to receive the services offered by Bimedis.

2.1.2. The User has the right to place advertisements for the purchase or sale of equipment in accordance with the Account chosen by him/her, subject to payment for its use in accordance with the Tariffs and in accordance with the rules established by this Agreement.

2.2. Responsibilities of the User:

2.2.1. To comply with the rules and regulations established by this Agreement.

2.2.2. To post on the Website only information that is true, not to post information and not to perform actions that violate the rights, freedoms, honor and dignity of other Users or third parties;

2.2.3. In their statements, refrain from using profanity in any form of words, symbols, etc. Bimedis reserves the right to moderate the wording used by the User and determine the admissibility of their use;

2.2.4. Not to take actions aimed at misleading other Users;

2.2.5. Do not provide your account and/or login and password to third parties;

2.2.6. Not to take any actions that may lead to the suspension of the Website, not to post any computer viruses or programs, including, but not limited to, those that can interrupt or disrupt the normal functioning of computer hardware and software, as well as telecommunications of any persons;

2.2.7. Not to distribute on the Website information about services provided by competitors of Bimedis, including, but not limited to: information about other advertisement boards, trading platforms, online auctions and/or online stores.

2.2.8. The User undertakes to use the Website only for lawful purposes.

2.2.9. Not to copy, reproduce, modify, distribute or present to third parties any information contained on the Sites (except for information provided by the User) without the prior written permission of Bimedis, unless otherwise specified in this Agreement;

2.2.10. Not to use the information received from other Users for any purpose other than to conclude a transaction directly with this User without the written permission of the other User.

2.2.11. Immediately notify Bimedis of any changes to your contact or personal data. In case of failure to comply with this condition, all risks associated with this shall be borne by the User, and Bimedis shall not be liable for the User's failure to receive the service provided by Bimedis.

2.2.12. In case of damage or loss to Bimedis or other Users, compensate for the damage in full.

2.2.13. The User is prohibited from 

- create several accounts on the Website, if in fact they belong to the same person, without notifying Bimedis;

- publish identical ads or announcements regarding the same equipment;

 - publish ads similar in content, where it is obvious that it is the same offer.

2.3. Rights of Bimedis:

2.3.1. Bimedis reserves the right, at its sole discretion, to moderate the Site, filter or block any messages, announcements, any other information, including that posted by Users.

2.3.2. Bimedis does not warrant that the Site and related links are free of items such as viruses, Trojan horses or other items of destructive nature. The User is responsible for taking precautions to protect his/her computer.

2.3.2. Bimedis has the right to establish restrictions on the procedure for the provision, scope and terms of services provided by Bimedis on the Website.

2.3.3. Bimedis reserves the right, at its sole discretion, to assess the presence/absence of any violations by the User and the need to take response measures in this regard.

2.4. Responsibilities of Bimedis:

2.4.1. Provide services in accordance with the terms of this Agreement;

2.4.2. To comply with the confidentiality policy when processing Users' data;

2.4.3. Maintain the operation of the Website in proper condition, taking into account force majeure.

2.5. Rules for posting ads:

2.5.1. The User undertakes to post information about the equipment that he/she plans to buy/sell in accordance with the rules established by this Agreement, as well as guidelines, rules and instructions and any other local documents of Bimedis published on the Website within the time and on the terms provided for by this Agreement. 

2.5.2. When placing an advertisement, the User shall provide accurate and complete information about the equipment. By posting information about the equipment, the User confirms that he/she is authorized to sell such equipment. The User guarantees that the equipment offered by him/her is free from claims of third parties. Taking into account the specific type of goods advertised on the site (medical devices), Bimedis has the right to require the Users to immediately provide documents confirming the quality and compliance of the goods with the current legislation of the seller's country. In case of failure to provide such documents, Bimedis has the right to terminate any cooperation with the User without refunding the paid funds.

2.5.3. The User is obliged to independently verify all information in the equipment advertisement posted on the Website. In case of detection of information that is not true, the User shall immediately edit the advertisement, and if this is not possible, cancel the advertisement.

2.5.4. The title of the advertisement shall correspond to the text and essence of the advertisement itself. In each advertisement for the sale of equipment, the User shall indicate the manufacturer and model of the equipment, as well as its price in the relevant currency.

2.5.5. Any photo and video materials uploaded by the User must comply with the title and text of the advertisement and the terms and conditions of the selected Account.

2.5.6. Official representatives of equipment manufacturers have the right to place ads on the Website without specifying the price. In order to obtain the status of an official representative, it is necessary to indicate which manufacturer the User represents when filling in personal information and wait for the moderation of the ad. If necessary, the Bimedis manager may send a request for a scanned copy of the document on the status of the manufacturer or official representative. In any case, Bimedis cannot guarantee or confirm the status of the User's official representative of the manufacturer, the User is solely responsible to third parties for the accuracy of the information provided by him/her about the status of the manufacturer or official representative.

2.5.7. Announcements shall be placed in the appropriate section on the Website. Advertisements on the Website shall not be placed by the User in violation of the terms of this Agreement, as well as any other documents of Bimedis published on the Website.

2.5.8. Bimedis shall not be liable for any errors and inaccuracies made during the registration and/or uploading of any content to the Website, as well as for any losses incurred by the User, including lost profits.

2.5.9. An advertisement may be subject to selective verification by Bimedis, both before and after its placement. 

2.5.10. Bimedis has the right to:

- use the information (content) provided by the User in accordance with the terms of this Agreement;

- edit and/or reject the User's advertisement if it does not meet the requirements for advertisements on the Website (no manufacturer, model, photo, etc.). No refunds shall be made in case of cancellation of the User's advertisement/account for violation of the terms of this Agreement;

- make spelling and punctuation corrections in the text of the User's advertisement;

- transfer ads to other sections of the Site in case of identifying a more suitable section for their placement;

- control, place, delete, modify, store or view ads posted on the Website at any time and for any reason;

- delete an advertisement on the Website if it is not relevant or transfer it to the Archive.

2.5.11. In addition to the above, the User's advertisement may be deleted by Bimedis or transferred to the Archive for the following reasons

- the User already has an active similar ad on the Site;

- the information contained in the advertisement contradicts the rules for posting advertisements provided for in this Agreement or any other instructions, rules on the Site;

- the information contained in the ad is false;

- Bimedis has received a complaint from the owner of property and non-property intellectual property rights and/or a request from an authorized body regarding the intellectual property used in the advertisement;

- Bimedis has received a substantiated complaint from another User about the violation of his/her rights in the advertisement.

2.5.12. The rules provided for in this section apply not only to the placement of advertisements, but also to sending messages to other Users on the Website.

2.5.13. In case of receiving a sufficient number of negative reviews from other users of the Website or other information about fraudulent or negative actions of the User, information about such User may be placed in the "Black List" tab on the Website with restriction of the validity of the User's Account and without refund. 

2.6 Intellectual property rules regarding the User's content:

2.6.1. By uploading photos and videos to the Website, the User confirms that he/she has the right to use the relevant images and videos and does not violate the intellectual property rights of third parties in any way.

2.6.2. When using the Site, the User confirms that he/she is personally responsible for the content of the advertisements posted by him/her, and also has all the necessary rights, licenses, permissions to post information in the advertisement on the Site, including without limitation all patents, trademarks, trade secrets, copyrights, or has the appropriate written consent, license or permission of all persons and companies identified in the advertisement to use their names, trademarks, or images, if necessary in accordance with applicable law.

2.6.3. By posting any content on the Website, the User grants Bimedis a valid worldwide (geographically unlimited), perpetual, irrevocable, non-exclusive right to use, publish, collect, display, copy, duplicate, reproduce, and make publicly available the intellectual property, publications and databases owned by the User, as well as the information, images and photographs provided by the User on all known or unknown information carriers. The above rights are granted by the User to Bimedis free of charge (without payment of remuneration) and without the execution of the Act of Acceptance and Transfer of Rights. In addition to the above, the User grants the right to access the information posted by him/her to all users of the Website. The User agrees that the text of ads, photos, and other materials attached to the ad may be used by Bimedis in the preparation of advertising materials, articles, reports, analyzes, etc. and used by Bimedis at its sole discretion without additional consent from the User and without payment of any remuneration.

2.7. Intellectual property rules regarding Bimedis content:

2.7.1. The User shall not, without the prior written permission of Bimedis, copy, distribute or otherwise use the content of this Website in any way, except as expressly provided for by applicable law or clearly defined by the terms of this Agreement.

2.7.2. The materials of the Site may be used by the User in whole or in part only if the source of the content is indicated and if there is an active hyperlink available for indexing by search engines to the corresponding page of the original material posted on the Site. At the same time, the User is obliged to remove such materials at the request of Bimedis.

2.7.3. Any objects placed on the Bimedis Website, including, but not limited to, design elements, text, graphic images, illustrations, videos, computer programs, databases, music, sounds and other objects, as well as any other content, are subject to the exclusive rights of Bimedis and/or other relevant rights holders who have granted the relevant rights to Bimedis.

2.7.4. The use of the content and any other elements of the Site is possible only within the functionality offered by a particular service of the Site. No elements of the Site, as well as any content posted on the Site services, may be used in any other way without the prior permission of the relevant copyright holder. Use means, including, but not limited to: reproduction, copying, processing, distribution on any basis, as well as any type of use provided for by applicable national legislation, international legislation in the field of intellectual property, etc.

2.7.5. At the request of Bimedis, the User is obliged to stop transferring to third parties, distributing and using for commercial purposes any materials that are the subject of copyright of Bimedis or third parties, other users of the Site.

 

3. PAYMENT PROCEDURE AND TERMS OF REFUND

3.1 The price of services depends on the type and type of particular service, duration, etc. and is determined on the Website in the "Tariffs" tab or in the invoice issued to the User directly or through a payment system (PayPal, Wayforpay, LiqPay, Privat24, etc.).

3.2. Payments are made in a non-cash form by transferring funds to the Bimedis current account or by using an appropriate electronic payment system.

3.3. By making a payment through an electronic payment system, the User confirms that he/she is familiar with the terms and conditions of the respective system.

3.4. The User may be charged a commission for making a payment in accordance with the tariffs provided by the banking facility or electronic payment system. The amount of commissions is not included in the price of services.

3.5. Payment for the Services shall be made exclusively by making a 100% advance payment, unless otherwise agreed between the Parties or provided for by the relevant tariff on the Website

3.6. The Services are considered paid by the User from the moment Bimedis receives confirmation from the banking institution that the full amount of payment has been received on the Bimedis account.

3.7. If the User has not provided the Contractor with a reasoned written refusal to accept the Services within 1 (one) calendar day from the expiration of each 1 (one) calendar month of the paid Account, such Services shall be considered to be provided properly, in full, and accepted by the User in full. Signing of acts of services rendered under this Offer is not provided.

3.8. According to the terms of this Agreement, no refund for the paid service is provided, except in case of impossibility of providing services due to the fault of Bimedis. 

3.9. If the User has motivated and proven grounds for a refund, such a refund shall be made in accordance with the following rules:

3.9.1. The notification of the intention to refund shall be deemed a written application of the User sent to Bimedis by e-mail, which shall contain the full name and passport data or the name of the legal entity, address, identification and tax number, information about the payment made (number and date of the invoice for payment, name of the service, number and date of the payment document), bank details for receiving funds and the reasons for the refund. The application must be accompanied by a copy of the passport (or other identity document) and a copy of the registration number of the taxpayer's account card or copies of the constituent documents of the legal entity and evidence of improper provision of services by the Contractor.

3.9.2. Refunds shall be made by transferring the amount of money to the bank details specified by the User within 60 (sixty) banking days after receipt of the request for a refund. In case of failure to provide the necessary information, the paid funds are not refunded.

3.10. In case of impossibility of providing services due to the fault of Bimedis, it shall refund 100% of the funds paid by the User or provide services for a new period at its own discretion.

 

4. USER’S ACCOUNT

4.1. Registering on the Site, the User automatically receives a BASIC Account. The User has the right to choose and pay any other Account in accordance with the tariffs located in the corresponding tab "Tariffs" on the Site.

4.2. Creating an account, the User must provide accurate and complete information about himself as an individual, an individual entrepreneur, or an authorized representative of the corresponding enterprise, institution, organization. . The user must also fill out the appropriate forms in the My Bimedis account and keep the information up to date. At the request of Bimedis, the User is obliged to confirm timely any data specified during registration on the Site with the provision, if necessary, of scanned copies of the relevant documents.

4.3. The user is fully responsible for maintaining the confidentiality of his account (including login and password) and for all activities originating from the account.

4.4. The user undertakes to immediately inform Bimedis of any breach of security and / or unauthorized use of the account.

4.5. The user remains responsible for any use of the Account, even if third parties use his username or password, and is responsible for losses (damage) caused by Bimedis or any other users of the site.

4.6. A user cannot use the account of another Bimedis user without his consent. If the User, in violation of this clause, registers or uses the Site on behalf of another person, then he agrees to take personal responsibility for the misuse of the Site.

4.7. By providing Bimedis his e-mail address and phone, the User agrees to use them to send him service, legal, informational, promotional and / or advertising messages, including through Viber, Telegram and other similar applications; Consent to receive calls from Bimedis. Bimedis can call the User to any phone numbers that the User has provided. The user agrees to receive sms or any other text messages to the specified phone number.

4.8. Bimedis does not bear any responsibility for damage and / or losses incurred as a result of User failure to comply with the provisions of this Agreement.

4.9. Creating one user multiple accounts on the Site is prohibited. Registering several accounts at the same time by one user, Bimedis, at its discretion, has the right to combine accounts into one or delete one of them with a preliminary warning 24 hours before deletion.

4.10. The user assumes full responsibility for all messages that he sends through the site, freeing Bimedis from any obligations that may arise as a result or in connection with user messages. Bimedis does not bear any obligations or responsibilities in relation to any messages of Users.

4.11. Payment for the Account is made in accordance with Section 3 of this Agreement.

4.12. In case of changes in tariffs, terms of service and payment methods on the Website, Bimedis shall notify the User at least 10 working days prior to the date of change by posting the relevant information on the Website. These changes do not apply to the User's already paid Ad/Account.

4.13. In case of violation of the terms of this Agreement by the User, Bimedis has the right to cancel the User's ad/account without refund.

4.14. At the request of the User, Bimedis may decide to temporarily suspend the provision of services to the Client (temporary deactivation of the Account) for up to 90 calendar days. Upon expiration of the deactivation period, the User's Account shall be automatically restored.

 

5. TYPES OF ACCOUNTS

5.1.1. User's capabilities in the BASIC Account:

- Place ads on the Website in the special mode of "classified ads";

- Advertise ads on the Website in the special mode of "classified ads";

- Buy and sell goods and services on the Website in accordance with the rules set forth below. 

5.1.2. Bimedis charges two main types of payments in the BASIC Account for the "For Sale" ad:

- a commission for activating the ad on the Website;

- a commission (percentage of the value of the goods) on the sale of the goods.

5.1.3. The conclusion of a transaction using the BASIC Account is carried out in the following order:

5.1.3.1. The Seller's advertisement is placed in the "private ad" mode;

5.1.3.2. The Buyer applies to the administration of Bimedis with the desire to purchase equipment from the relevant Seller, which is in the "closed announcement" mode;

5.1.3.3 After the Buyer and the Seller agree on the terms of purchase (with the participation of the Bimedis administration, without disclosing the contact details of the parties), the Buyer transfers 100% of the price of the goods to Bimedis;

5.1.3.4. Upon receipt of the goods by the Buyer, Bimedis shall transfer the price of the goods to the Seller, minus the commission on the sale of the goods. Important: The Buyer is obliged to notify Bimedis of the successful delivery of the goods (appropriate in quantity and quality) and the proper performance of the contract by the Seller within 5 (five) business days from the agreed date of delivery of the goods. In the absence of such notification, Bimedis shall transfer the funds to the Seller without the Buyer's consent. In the event of termination of the agreement between the Buyer and the Seller, the commissions (including the bank commission) are not refundable.

5.1.4. The activation fee and the percentage of the commission for each item sold from the "For Sale" ad of the BASIC Account are indicated in the "Tariffs" tab on the Site.

5.1.5. The validity period of the "For Sale" ads of the BASIC Account is indicated in the "Tariffs" tab on the Site. After the expiration of the ad, it is transferred to the Archive, and the equipment in the ad cannot be replaced.

5.1.6. If the User of the BASIC Account has not activated the "FOR SALE" ad on the Website, but in any other way offers the goods for sale to another User of the Website, he/she also falls under the terms of commission sale through the Website and undertakes to pay Bimedis a percentage of the cost of the equipment after the sale. The percentage is indicated in the "Tariffs" tab on the Website.

5.1.7. The User of the BASIC Account is obliged to keep the prices and availability of the equipment, information about which the User has placed in the closed "For Sale" ads, up-to-date. The User of the BASIC Account is obliged to confirm the availability of the equipment from the closed announcement at the first request of Bimedis, including by providing Bimedis with relevant photos and videos of the equipment; by demonstrating the equipment via Skype or any similar method of communication.

5.1.8. During the term of validity of the "For Sale" announcement of the BASIC Account, the User of such Account guarantees that the equipment placed in the closed announcements corresponds to the characteristics and description specified in the closed announcement.

5.1.9. If during the validity period of the BASIC Account the User of such Account has sold or otherwise disposed of the equipment placed in the classified ads "For Sale" to any third parties, he/she shall immediately display on the Website that this equipment is not available.

5.1.10. Under the terms of the BASIC Account, the User-seller may communicate with the User-buyer only through Bimedis.

5.2. PRO REGIONAL- Account

5.2.1. User features in PRO REGIONAL:

- post on the Site an unlimited number of free advertisements for the sale of equipment available to other Users within the same country during the validity period of the Account, with the priority of issuing higher announcements to the BASIC Account;

- advertise ads on the Site and social networks;

- conclude an unlimited number of agreements with other users through the use of the Site within one country;

- post your contact details on each ad and send them in messages within the same country;

- use the “Personal Business Card” function within one country;

- buy goods and services on the Bimedis website. Services are considered paid after receipt of 100% of the cost of goods and / or services on the accounts of Bimedis or his partners. The fee for crediting funds to Bimedis accounts is also considered a user’s expenses, unless otherwise agreed in writing between Bimedis and the User.

- leave feedback about the purchase of a product or service on the Website, provided that this purchase would not have taken place if the User had not found the seller of the product or service on Bimedis. Every feedback is subject to obligatory moderation. Bimedis may reject or delete a User's feedback if it contradicts the terms of this Agreement.

5.2.2. The price and validity period of the PRO REGIONAL-Account are placed in the "Rates" tab on the Site.

5.2.3. The price of placing ads and advertisements in each additional country is added to the price of placing ads and advertising in the main country and cannot exceed the price of PRO INTERNATIONAL accounts. If this price is exceeded, the User pays the price to the PRO INTERNATIONAL Account and receives advertising on the site of the posted ads exclusively in selected countries.

 

5.3. PRO-INTERNATIONAL Account

5.3.1. User Features in PRO INTERNATIONAL Account:

- to place on the Site an unlimited number of free advertisements for the sale of equipment available to other Users from any country, with a priority of issuing higher announcements to the BASIC Account;

- advertise ads on the Site and social networks;

- conclude an unlimited number of contracts with other users through the use of the Site;

- post your contact details on each ad and send them in messages;

- submit a request to translate messages into the language of other Users (7 languages are available);

- use the “Personal Business Card” function;

- buy goods and services on the Bimedis website. Services are considered paid after receipt of 100% of the cost of goods and / or services on the accounts of Bimedis or his partners. The fee for crediting funds to Bimedis accounts is also considered a user’s expenses, unless otherwise agreed in writing between Bimedis and the User.

- leave feedback about the purchase of a product or service on the Website, provided that this purchase would not have taken place if the User had not found the seller of the product or service on Bimedis. Every feedback is subject to obligatory moderation. Bimedis may reject or delete a User's feedback if it contradicts the terms of this Agreement.

5.3.2. The price and validity period of the PRO INTERNATIONAL Account are posted in the "Rates" tab on the Site.

 

5.3. PREMIUM- Account

5.4.1. User features in the PREMIUM account:

- post on the Site an unlimited number of free advertisements for the sale of equipment available to other Users from any country, with a priority of issuing higher than the announcements of other accounts;

- advertise ads on the Site, medical forums, social networks;

- conclude an unlimited number of contracts with other users through the use of the Site;

- post your contact details on each ad and send them in messages;

- submit a request to translate messages into the language of other Users (7 languages ​​are available)

- use the “Personal Business Card” function;

- get a service by a one-time e-mail newsletter announcement;

- use the "Personal Manager" function;

- place a banner in the user's account and get the right to submit a request to Bimedis for an article in the "News" section (Bimedis independently selects the periods, sizes and volumes of banners and news);

- buy goods and services on the Bimedis website. Services are considered paid after receipt of 100% of the cost of goods and / or services on the accounts of Bimedis or his partners. The fee for crediting funds to Bimedis accounts is also considered a user’s expenses, unless otherwise agreed in writing between Bimedis and the User.

- leave feedback about the purchase of a product or service on the Website, provided that this purchase would not have taken place if the User had not found the seller of the product or service on Bimedis. Every feedback is subject to obligatory moderation. Bimedis may reject or delete a User's feedback if it contradicts the terms of this Agreement.

5.4.2. The price and validity period of the PREMIUM account are placed in the "Rates" tab on the Site.

5.4.3. PREMIUM-account User has a right to get the table of "leads" with a list of potential buyers from the last month. (Other Website Users also have an opportunity to buy this table of "leads" without buying a PREMIUM-account. In this case, the price of the table of "leads" depends on equipment categories and sales territory and is discussed with the manager personally).

 5.4.4. The Website User may not in any way disclose, sell or otherwise distribute the data obtained from the table of "leads", as well as the password and login to the personal account to any third parties.

5.4.5 In case of violation of paragraph 5.4.4. of this Agreement by the User, Bimedis has the right to deny the User access to the table of "leads" and deactivate Account without additional warning without refund.

5.4.6 In case of a claim or legal action brought against Bimedis by third parties due to a breach of paragraph 5.4.4 of the Agreement by the User, the User is obliged to compensate Bimedis for any losses, sanctions, and damages caused by the User's actions.

5.4.7. In case of payment for the PREMIUM account the user undertakes to keep the assortment of products available on the Bimedis site up to date by regularly sending the current list of products or updating them independently. If the user refuses to update their list of products within 4 months of the last update, Bimedis reserves the right to deactivate the user's subscription without refund.

5.5. Bimedis reserves the right to offer Users with services not specifically mentioned in this Agreement. In this case, the Parties shall conclude separate agreements between themselves, while adhering to the principles and policies outlined in this User Agreement.

6. RESPONSABILITY

6.1. By accepting the terms of this Agreement, the User agrees that he uses the Site at his own risk and that Bimedis is not responsible for the content of ads posted on the Site, as well as for any losses resulting from the use of the site.

6.2. Bimedis cannot control the accuracy of the information, quality and conformity of the goods placed by the User in the ads. Bimedis shall not be liable for any damages incurred as a result of the conclusion of Contracts between the Users.

6.3. Bimedis is not responsible for the behaviour of users, or the goods / services offered by them, indicated in the ads. All disputes and conflicts between users are resolved by them independently without involving Bimedis.

6.4. Under no circumstances shall Bimedis or any third parties associated with it be liable for any direct, indirect, penal, incidental, special, indirect, material and intangible losses that the User may incur in connection with the use of this site, including losses associated with loss income, loss of profit, business interruption, loss of information or data, computer interruptions, interception of the site by third parties, a claim of any other third party.

6.5. If the User has claims to another user as a result of using the Site, the User undertakes to submit these requirements independently and without involving Bimedis, and also exempts Bimedis from any claims, obligations, compensation for damages, expenses (expenses), including legal assistance costs, resulting from or in connection with such requirements.

6.6. The User has the right to inform Bimedis about the fact of violation of his rights by another User by sending a written message to info@bimedis.com.

6.7. Bimedis is not responsible for malfunctions of the Sites caused by technical failures of equipment and software. The Website may be temporarily, partially or completely unavailable due to maintenance or for any other technical reasons without notice to the User.

6.8. Bimedis is not responsible for the posting by the User of the photo, video and any other images or other multimedia materials on the Site. In the case of a claim or a lawsuit by third parties regarding a violation of intellectual property rights, the User is obliged to compensate Bimedis for losses and non-pecuniary damage caused by the actions of the user.

6.9. In the event of any violation by the User of the terms of this Agreement, Bimedis has the right to unilaterally delete the User Account at any time without returning the funds paid by the latter.

6.10. The User unconditionally agrees and realizes that his/her expectations from the content of the service may differ from the content of the services established by Bimedis. Bimedis is not responsible for the discrepancy between the content of the services and the User's expectations.

6.11. The total liability of Bimedis for any claims and/or claims may not exceed the amount of payment made by the User to Bimedis.

6.12. By accepting this Agreement, the User assumes the risks of loss of profit and the risks of possible losses associated with the use of information received during the provision of services. Bimedis is not responsible for obtaining any result or obtaining a result that does not meet the User's expectations, since the success of the User's use of the information received depends on many unknown factors.

6.13. The Parties shall take measures to resolve all disputes and disagreements arising from the Agreement or in connection with its performance through negotiations. The term for consideration of the User's claim is set at 60 (sixty) days from the date of its receipt by Bimedis.

6.14. The Parties shall be released from liability for partial or complete failure to fulfill their obligations under this Agreement if such failure is due to force majeure.

7. PRIVACY POLICY

7.1. By accepting the terms of this Agreement, the User grants Bimedis the right to process his personal data and agrees to the Privacy Policy of the site.

 

8. FINAL PROVISIONS

8.1. In order to improve the quality of the services provided on the Site, and in order to comply with the requirements of the law, this Agreement may be amended by Bimedis unilaterally, without notice to the user. The new version of the Agreement comes into force from the moment it is posted on the Site in the "agreement" section.

8.2. Using the Site, the User confirms acceptance of the new terms of the Agreement as amended at the time the User uses the Account or services or site, as well as the terms of any other local documents published on the terms and conditions of this Agreement.

8.3. In the event of any disputes and disagreements between the Parties under this Agreement or in connection therewith, the Parties undertake to resolve them through negotiations. If any disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, cannot be resolved through negotiations, then such disputes shall be considered in accordance with the current legislation of Ukraine in accordance with the judicial procedure in the Economic Court of Ternopil Region.

8.4. This Agreement is governed by and construed in accordance with the laws of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.

8.5. Recognition by a court of a provision of this Agreement invalid or that which is not subject to enforcement does not entail the invalidity or non-fulfillment of other provisions of this Agreement.

8.6. The rights and obligations of the User under this Agreement may not be transferred to third parties without the written consent of Bimedis.

8.7. Bimedis has the right to transfer its rights and obligations under this Agreement to another person, including its partners, without the written consent of the user.