Terms and Conditions Policy
We request that you read the below and agree to them prior to using our service. You agree that by registering with SoSRx.com and/or using SoSRx.com Services, you consent to this Terms of Service.
Last updated: 19 April 2018
a. “Buyer” refers to a party that intends to buy Pharmaceutical Products from Sellers.
b. “Lawful Transaction” refers to transactions that comply with the applicable federal and state laws, including the federal Food, Drug, and Cosmetic Act (Drug Supply Chain Security Act), Controlled Substances Act, and other federal and state laws, such as state laws requiring licensure of wholesale distributors.
c. “Parties” refers to both Sellers and Buyers.
d. “Pharmaceutical Products” means any articles marketed or distributed by the Seller, or returned by the Buyer, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals, or any articles other than food intended to affect the structure or any function of the body of man or other animals, or articles intended for use as a component of any article specified above (e.g., drugs or medical devices).
e. “Seller” refers to a party intending to sell Pharmaceutical Products to Buyers.
f. “Services” means any activity intentionally conducted by SoSRx.com that are intended to bring benefits to the Seller or the Buyer through the SoSRx.com platform.
g. “Third party” refers to a party that is not owned by any of the Parties, and by SoSRx.com.
h. “Transaction Value” means the sum of the entire monetary amount the Seller charges the Buyer for sale of Pharmaceutical Products, including any shipping and handling, but does not include any applicable taxes. If the Buyer does not make the required payment in full, the Transaction Value shall be defined as the amount that the Buyer promised or owes the Seller for the purchase of Pharmaceutical Products.
2. SoSRx.com Function
a. SoSRx.com provides Services and platform for the Parties to conduct sales of Pharmaceutical Products.
b. On winning an auction or purchasing through the “Buy Now” feature the Buyer allows SoSRx.com to generate and send a Purchase Order, as if it were coming from the Buyer, to the Seller.
c. By registering for SoSRx.com Services, if you do not already have an account open with the seller, you authorize a third-party payment processor of SoSRx.com’s choosing to process payments on your behalf, including payment, receipt, and transfer of the funds to the Parties and SoSRx.com.
d. SoSRx.com will always strive to provide you the best service it can. SoSRx.com shall not be liable or responsible for any disruptions or breakdowns of SoSRx.com platform, Services, or any disruptions or breakdowns of the third-party payment processor service. SoSRx.com reserves the right to cancel or suspend the auctions without penalty to the Seller or to SoSRx.com.
e. SoSRx.com reserves the right to terminate any relationship, at any time, under its sole discretion.
a. SoSRx.com only provides a platform for the Parties to negotiate by a bidding or a buy now process and conduct transactions.
b. SoSRx.com is not involved in any actual transaction and is not a party to any transactions. The fulfillment of confirmed orders including delivery and shipment of Prescription drugs or other items transacted on the site is the responsibility of the Suppliers and not of SoSRx.com. SoSRx.com assumes no responsibility for the shipment or delivery of any products on our site.
c. Despite SoSRx.com’s best efforts, SoSRx.com does not and cannot guarantee the quality, legality or safety of Pharmaceutical Products sold and advertised through SoSRx.com. SoSRx.com is not responsible for any damages arising from any of the Pharmaceutical Products sold through SoSRx.com platform.
d. Despite SoSRx.com’s best efforts, SoSRx.com cannot guarantee the truthfulness or accuracy of marketing materials used by the Parties. We are not responsible for the accuracy of such descriptions or images nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
e. Despite SoSRx.com’s best efforts, SoSRx.com cannot guarantee the Parties’ identities or the abilities to conduct transactions.
f. Sosrx.com does NOT register, sell, offer to sell, transfer ownership, transfer physical product, deliver or offer to deliver any regulated products or devices. These functions rest solely on the supplier of such items. Additionally, Sosrx.com does not act as an agent of supplier with regard to prescription wholesaling activity.
g. By registering for and using SoSRx.com Services, you grant SoSRx.com a non-exclusive, sub-licensable, transferable, royalty-free, worldwide license to use any content and materials that you post on SoSRx.com platform. In particular, we may use the content, material and data collected to promote our services and enhance product development for the benefit of our members and at times with partnership with others.
a. By registering, you represent and warrant that you have the legal actual authority, right, and the power to enter into contracts and to bind the business entity that becomes registered for SoSRx.com Services.
b. By registering, you represent and warrant that all of the information that you provide is truthful and not misleading.
c. By registering, you authorize SoSRx.com and any of its designated representatives to conduct any background check on your company and its employees that SoSRx.com deems necessary at its sole discretion. The background check’s scope may include, but is not limited to wholesale distributor licenses, manufacturing licenses, social security number verification, credit reports, current and previous residences, employment history, civil and criminal history records from any criminal justice agency in any or all federal, state, county jurisdictions.
d. SoSRx.com shall provide a copy of the background check report if SoSRx.com conducts a background check, and you request a copy.
5. Prohibited Acts
a. The Parties shall not engage in any transactions other than Lawful Transactions. Additionally, you also agree you will not violate any written policies and guidance issued by SoSRx.com whether before or after you agree to this Terms of Service. You agree that any written policies and written guidance are considered to be incorporated into this Terms of Service, whether they are issued before or after you agree to this Terms of Service.
b. The Parties shall not violate any federal or state laws and regulations when distributing Pharmaceutical Products through SoSRx.com. By registering for and using SoSRx.com services, the Parties represent that they and their Pharmaceutical Products comply with all applicable federal and state laws and regulations for Pharmaceutical Products, including but not limited to:
i. Sellers must hold valid wholesale distribution or manufacturer licenses from individual states in which the buyer is located as applicable. Sellers must conduct necessary due diligence to ensure the Pharmaceutical Products sold to Buyers comply with federal and state laws and regulations.
ii. Buyers must possess valid licenses to purchase the Pharmaceutical Products from Sellers through SoSRx.com services, if necessary. Buyers shall not purchase Pharmaceutical Products from Sellers through SoSRx.com services with the intent of selling, using, dispensing, diverting, or causing others to use the Pharmaceutical Products for any unlawful purposes violating federal and state laws and regulations, or for any purposes that a reasonable person knows to have the potential of harming SoSRx.com, its ongoing business, future business prospects, employees, or its reputation.
c. Diversion of Sales to Outside of SoSRx.com domain— The Parties shall not engage in, make offer to, or accept offer to divert any transactions to a domain other than SoSRx.com or to use another payment process other than as described in Section 4. Such conduct shall result in immediate termination of SoSRx.com services, and will subject any responsible Party to civil liabilities.
d. Intellectual Property Rights— Sellers shall not sell any Pharmaceutical Products that infringe any intellectual property, including patents, trademarks, and copyrights. Buyers shall not purchase any Pharmaceutical Products knowing that they infringe any intellectual property, including patents, trademarks, and copyrights.
e. The Parties shall not engage in any conduct that causes or has the potential to cause harm to SoSRx.com, including but not limited to, its ongoing business, future business prospects, employees, or its reputation.
f. Should the Seller’s registration for SoSRx.com services be terminated for any reason, the Seller shall not use the third-party payment processor system that the Seller signed up for as describe in Section 4.a., and shall cancel the Third party payment processor system registration within 30 calendar days of SoSRx.com services termination.
g. The Parties shall not disclose its SoSRx.com account information, including the log-in password, to any person or business that does not absolutely need the account information on a long-term daily basis to conduct its lawful business.
6. Seller Obligations
The user(s) of the site is/are authorized to act on behalf of the company in order to sell pharmaceutical products to Buyers.
Before opening any Buyer account or before Buyer is placed into Sellers “ White List” Seller shall conduct their own due diligence with regards to wholesale distributor licenses, social security number verification, credit reports, current and previous residences, employment history, civil and criminal history records from any criminal justice agency in any or all federal, state, county jurisdictions. SoSRx.com will not be accountable for any oversight.
Seller will ship products sold through the platform directly to the Buyer.
Seller will invoice and collect payment directly from the Buyer. SoSrx.com will not be liable for any debt. Seller can enroll in SoSRx.com's payment processing services in which case the following terms will apply:
a. In order to conduct credit card transactions, Sellers shall sign up for a third-party payment processor of SoSRx.com’s choosing, with the sign-up fees to be paid by SoSRx.com as described in Fee Schedule, which you agree is incorporated by reference into this Terms and Conditions. Sellers shall make payments according to the terms outlined in the Fee Schedule, which you agree is incorporated by reference into this Terms of Service.
b. Sellers may take payments from Buyers through Automatic Clearing House (ACH) systems, or through credit card transactions utilizing a third-party payment processor of SoSRx.com’s choosing.
d. Sellers shall be responsible for collecting and remitting any applicable taxes to government authorities. Sellers shall be resolving any tax issues arising from each transaction.
e. In case of an error the Seller or SoSRx.com reserves the right to delete an auction at any time without penalty to the Seller or to SoSRx.com.
f. Seller shall contact SoSRx.com at the earliest if they receive any violation/suspension notice from any government authority which prohibits their ability to conduct business.
g. If the Seller does not supply the products purchased through the site then SosRx.com has to right to charge a 5% penalty of the transaction cost to the Seller.
The user(s) of the site is/are authorized to act on behalf of the company in order to buy pharmaceutical products from Sellers
a. The Buyer recognizes that any bid is legally binding and agrees to pay the Seller the Transaction Value amount of the final winning bid, and any applicable taxes and shipping costs.
b. If the Buyer does not have an account open with the Seller then the Buyer authorizes SoSRx.com to charge Buyer using Buyer’s credit cards, debit card, or ACH transaction information that Buyer provided SoSRx.com if Buyer does not pay Seller the Transaction Value amount and any applicable tax within 30 days of the Transaction Date. SoSRx.com may obtain updated card information from card networks, issuers, or other third-party sources.
c. The buyer understands that the proxy bids are made by the software on the buyers' behalf against other buyers and if the buyer is the only one bidding then as long as the Maximum bid placed is greater than the Reserve price the software will bid up to the Reserve Price.
d. Buyer understands that there are no guarantees to the accuracy of the images loaded.
e. Buyer agrees to either provide their own Purchase Order number or allow a system generated one to be generated within 1 business day of a winning bid. Failure to do so may cancel the transaction. Buyer agrees not to send any Purchase Orders directly to the Seller as this may duplicate the order. SoSrx.com will not take any responsibility of duplicated orders.
f. At no time are Buyers permitted to contact Sellers directly for the provision of prescription drugs or other products offered on our site. Violation of this may lead to termination of relationship.
g. Buyer understands that the products sold on SosRx.com are on an AS IS/ WHERE IS basis and unless otherwise specified on an auction all sales are FINAL. Seller offers no warranty. Buyer is responsible for all taxes, duties and (if applicable) loading/freight charges.
h. In case of an error Seller or SoSRx.com reserves the right to delete an auction at any time without penalty to the seller or to SoSRx.com).
i. Buyer shall contact SoSRx.com at the earliest if they receive any violation/suspension notice from any government authority which prohibits their ability to conduct business.
j. If the Buyer does not generate a Purchase Order in order to complete the purchase of the products bought through the site then SosRx.com has to right to charge a 5% penalty of the transaction cost to the Buyer
8. Changes to Terms of Service
a. SoSRx.com reserves the right to modify this Terms of Service at any time, by notifying through any contact information the Parties provide during registration, or posting the new Terms of Service on its website.
9. Termination of Services
a. SoSRx.com reserves the right to suspend or cancel any transactions or any SoSRx.com services registration that it deems necessary. However, SoSRx.com shall provide the Parties affected by its suspension or cancellation reasons for such suspension or cancellation.
b. SoSRx.com reserves the right to refuse Services to any party.
c. With regard to “Seller,” “seller” accounts inactive or dormant for 60-days will be removed from SoSRx.com unless otherwise notified in writing by “Seller.” Renewal and/or future access to SoSRx.com can be reestablished by contacting SoSRx.com
d. Termination of SoSRx.com Services does not absolve or affect any obligations owed by the Parties to SoSRx.com prior to the termination.
10. Governing Law & Disputes
a. The State of Delaware law shall govern all terms and conditions in this Terms of Service.
b. For any disputes between SoSRx.com and a Party, the dispute shall be resolved through binding arbitration rather than litigation in court. The arbitration will be conducted by the American Arbitration Association (AAA) and it will be governed by the AAA’s applicable rules.
c. The Parties agree to conduct all its dispute resolution proceedings on an individual basis, and not through a class action.
d. As specified in Section 3, SoSRx.com is not a party to the transactions between the Parties. In any dispute between the Parties, each Party shall release SoSRx.com and its agents and employees from any and all claims and demands for damages, including but not limited to all actual and consequential damages.
These terms and conditions will prevail unless a separate agreement is mutually accepted by both parties in writing.