(A) FAST TRACK (hereinafter referred to as ”FAST TRACK”) is a French limited liability company “société par actions simplifiée”, whose registered office is located in CHAMBERY (73000) 1 Place de la Libération, registered by the CHAMBERY trade and companies registry under number 798 665 790, Tel: + 33 (0) 6 29 79 91 00.
(B) FAST TRACK publishes a Website http://www.medicamatch.com (hereinafter referred to as the “Website“) which purpose is, via a subscription (hereinafter the “Subscription“) paid by the customer to FAST TRACK, to be a global network enabling its members to interact together as part of their political partnership or prospection.
(C) In order to secure legal relationships between FAST TRACK and the customer of the Website (hereinafter referred to as a “Client“), the Client declares he has read and understood the terms of sale (hereinafter referred to as “Terms of Sale“) and declares agreeing with them before any order of the Subscription on the Website.
(D) Any Website Client acknowledges having the ability to contract with FAST TRACK, not be concerned by an insolvency proceeding and not be placed under guardianship or curatorship as provided for in section X, XI, XII of the French Civil Code for individuals connected with a corporation.
1. PRESENTATION AND DURATION OF THE OFFER
1.1 The purpose of the Website is to sale a Subscription each year. The Subscription by the Client allows an access to the data base in which members of the Website are referenced.
1.2 The Subscription shall only be used by a single entity. The use of the Subscription by customers or members of the Client or otherwise is prohibited. This prohibition is decisive of consent of FAST TRACK.
1.3 Specifically, a Client who has paid his Subscription can see the profile of member companies of the Website, focused on qualitative information.
1.4 Subscription available on the Website are valid as long as they remain online. They can vary in real-time.
1.5 The description of the offers is the one that FAST TRACK has knowledge at the time the Client enters the information online on the Website.
2. GENERAL INFORMATION REGARDING ORDER OF SUBSCRIPTION
2.1 The Client states and warrants having read and expressly agreed with all the terms of these Terms of Sale before the final registration of the order.
2.2 The Client has the opportunity to order Subscription through the Website of FAST TRACK.
2.3 The contractual information relating to the Subscription are presented in English or in other languages. If differences between versions, the French and the English version shall prevail and shall be applicable at the time of registration of the order.
2.4 The Client is aware that FAST TRACK has the right to refuse or cancel any order of a Subscription in case of dispute with the Client relating to the payment of a previous order.
2.5 When registering their personal information on the Website, the Client shall ensure the accuracy and completeness of the information provided.
2.6 The liability of FAST TRACK shall not be held on the basis of error made by the Client in the recording of his personal information on the Website.
3. VALIDATION OF AN ORDER
3.1 Sale of a Subscription on the Website is complete when the Client, after having the opportunity to check the details of the order of a Subscription and if necessary modify the contents, confirms it by paying online or by any other means of payment described below.
3.2 After selecting the Subscription on the Website, the Client commits himself and agreed the Terms of Sale by clicking on the tab “I confirm my order”. From that moment, the order shall be registered and FAST TRACK shall send to the Client an email confirming receipt of the order.
3.3 Upon receipt of payment, FAST TRACK send the Client a new email. By keeping this email and printing it, the Client holds a proof of the order of Subscription from FAST TRACK.
3.4 Any order of Subscription by the Client, confirmed by payment, means the sale is performed and thus means acceptance of the Subscription ordered, it duration, price and taxes as well as the provisions contained in these Terms of Sale.
4. PRICE – TAXES
4.1 Whatever the place of residence of the Client, every order of Subscription on the Website shall be payable in euro. The price of Subscription sold on the Website shall be excluding tax.
4.2 At any time, FAST TRACK reserves the right to change the price of Subscription sold on the Website without prior notice.
4.3 However, the Subscription ordered by the Client shall be invoiced by FAST TRACK on the basis of rate in force and of which the Client was informed before the registration of the order.
4.4 In case of ordering a Subscription outside France, Client agrees to pay all taxes that could be applicable, without price reduction of the Subscription.
4.5 Concerning the order of a Subscription by Client, taxes of the State and local taxes may be due. The Client is aware and agrees that such taxes are not a matter for FAST TRACK.
4.6 These charges shall be borne by the Client and under its full liability, both in terms of statements and payments to the authorities and / or bodies of the country of delivery. FAST TRACK recommends the Client to inquire about these issues with the competent authorities.
5.1 FAST TRACK offers the Client to pay it Subscription orders by credit card only.
5.2 During the Client’s order, the payment is definitely made under the condition of getting prior authorization to debit the Client’s account by the competent payment centers. In case of lack of such authorization, the Client’s order shall not be finalized and the Subscription shall not be provided to the Client.
5.3 The online payment is done on the payment platform SystemPay on which the Customer Client redirected, via the security system “secure socket layer” (SSL) that allows encryption of the Client’s bank details during their transmission on the Website. No data is stored on the Website.FAST TRACK is not liable for any problems directly or indirectly related to the payment platform SystemPay, the Client discharge FAST TRACK from liability in this regard.
6. MARKETING SOLUTIONS AND SEARCH SOLUTIONS
6.1.1 The Website provides the four services listed below: “explore”, “grow”, “lead”, and “on-demand”. The top three subscription plans offer the following services:
– “Advertising”: the Client highlights his business on the Website prominent pages. One target audience. Targeting criteria: Business type + Industry + Region. Ads are eligible to appear on the Website users’ home page, search results page and profile page.
– “Translation”: the Client translates his company and products’ descriptions. Up to 1000 words.
– “Emailing”: the Client send targeted email campaigns. Contents are provided by the Client. Valid for 12 months from date of purchase.
– “Product listing”: let FAST TRACK’s team list your products and services. Contents are provided by the Client.
– “Company profile”: the Client creates his business profile page and completes his company information. Set up unlimited individual profiles. Insert a link to your website and social media pages. The Client shares what’s new on his timeline. Mark the events you will be attending.
– “Product Showcase”: The Client lists his products and services. He assigns multiple categories to your product pages. Upload photos and PDF files.
– “Statistics”: who’s viewed your company profile. Who’s shown interest in your company.
– “Lead Generation”: show interest in companies. Receive notifications.
– “Search engine”: view full company and individual profiles, product and event pages. Access advanced search filters (business type, category, location, revenue, size). Access advanced search tools (saved searches, search history, favorites). Export data.
6.1.2 The top three subscription plans “explore”, “grow” and “lead”, and “on-demand” offer the following service: “no match found assistance”: let FAST TRACK’s team search for companies matching your search criteria. Up to 6 search requests within 12 months. Medicamatch.com provides five companies per search request (search criteria: Business type, Industry, Country).
6.1.3 The services “company profile”, “statistics”, “lead generation” are included in the top three subscription plans “explore”, “grow” and “lead”
6.2. Price, details of services
The following three plans shall apply to free accounts; this type of account is used to create a complete business profile but does not allow access to marketing and research services.
6.2.1 “Explore”: €70 / month, billed annually. The plan “explore” include “advertising” for 3 months, “translation” for 3 languages, emailing for 3 campaigns, “product listing” for 30 products, “search engine” for 150 full individual profiles / month.
6.2.2 “Grow”: €130 / month, billed annually. The plan “explore” include “advertising” for 6 months, “translation” for 6 languages, emailing for 6 campaigns, “product listing” for 60 products, “search engine” for 300 full individual profiles / month.
6.2.3 “Lead”: €370 / month, billed annually. The plan “explore” include “advertising” for 12 months, “translation” for 12 languages, emailing for 12 campaigns, “product listing” for 120 products, “search engine” for 600 full individual profiles / month.
The “lead” plan includes the service “contact to lead”: Get a list of targeted individuals matching your highly specific search criteria (up to 30 contacts, targeting criteria are the same for all contacts).
The plan “special offer”: price shall depend on the services included.
6.3 On-demand services
The “on-demand” plan offer the following services:
– “Advertising”: highlight your business on Medicamatch.com prominent pages. €170 per month, ads are eligible to appear on the Medicamatch.com users’ home page, search results page and profile page.
– “Translation”: translate your company and products’ descriptions. Up to 1000 words. €60 per languages, payable on acceptance of the offer.
– “Emailing”: send targeted email campaigns. €430 per campaign, Targeting criteria: Business type + Industry + Region. Valid for 12 months from date of purchase.
– “Product listing”: let our team list your products and services. Contents are provided by the client. €8 per product
– “Contact to lead”: get a list of targeted individuals matching your highly specific search criteria (up to 30 contacts, targeting criteria are the same for all contacts). €1.600, payable on acceptance of the offer.
7. LIABILITY – CLAIM
7.1 The liability of FAST TRACK cannot be engaged whether the improper performance of these Terms of Sale is attributable to the Client, to an unforeseeable and insurmountable act of a third, or due to force majeure as defined by law and jurisprudence applicable at the date of these Terms of Sale.
7.2 FAST TRACK cannot be held liable for damages of any kind, both material and immaterial damage or bodily injury that may result directly or indirectly from these Terms of Sale.
7.3 The Client shall ensure that it Subscription complies with the laws of his country. The Website is a platform for linking professionals. Therefore, the Client is solely responsible for any consent that may be sought in the country of origin. The Client discharge FAST TRACK from any liability in this regard.
7.4 For any information or questions, the customer service of FAST TRACK is available to the Client by phone +33 (0) 6 29 79 91 00(standard call rate in France) by mail at the above-mentioned address by email here.
8. MODIFICATION OF TERMS OF SALE – APPLICABLE LAW – DISPUTE
8.1 FAST TRACK reserves the right to adapt or modify at any time these Terms of Sale. The applicable version of the Terms of Sale is the one that is sent to the Client at the moment of the order of the Subscription.
8.2 The Terms of Sale can be obtained on request by e-mail by clicking here or by using the address indicated above.
8.3 The Terms of Sale are governed by the laws and regulations of France, which the Client expressly agrees.
8.4 The language applicable to these Terms of Sale, which is binding between the parties and any court, is French. Any notice, interpretation, performance or litigation relating to these Terms of Sale shall be made in French.
8.5 If a dispute arises between the Client and FAST TRACK regarding validity, execution, interpretation of these Terms of Sale, the Parties agree to try first to find an out-of-court solution.
8.6 In this regard, the most diligent party shall notify the beginning of the out-of-court phase, by sending a letter with acknowledgement of receipt.
8.7 If, after a period of thirty (30) days after such notification, FAST TRACK and the Client fail to agree, the Commercial Court of Paris (“tribunal de commerce”) shall have sole jurisdiction, whatever the place of residence of the Client.
9. FINAL PROVISIONS
9.1 These Terms of Sale constitutes the entire agreement between FAST TRACK and the Client regarding its subject matter and supersedes any prior agreement (express or implied) between them in this regard (in any form whatsoever, including by way of oral exchange or an exchange of letters, notes, or other documents).
9.2. The Client expressly agrees that in the event of a conflict between these Terms of Sale and any other document entered into by the Client with a third party or with FAST TRACK, these Terms of Sale shall apply.
9.3 If any provision of these Terms of Sale were canceled or private of any part of its effects by a court decision or from an event outside the control of a party, such invalidity or deprivation of effect shall not affect the validity of any other part of these Terms of Sale.