Terms of Use

Effective date: 1 January 2024  ·  Last updated: 1 January 2024

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and AntibioticsIndia ("Company", "we", "us", or "our") governing your access to and use of AntibioticsIndia.com and all related services (collectively, the "Platform").

By accessing or using the Platform, you confirm that you are at least 18 years of age, have the legal authority to enter into this agreement on behalf of yourself or the organisation you represent, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Platform. Continued use of the Platform after modifications constitutes acceptance of the revised Terms. Material changes will be notified via email to registered users.

2. Platform Description

AntibioticsIndia is a B2B information and marketplace platform that provides:

- A searchable directory of antibiotic API (Active Pharmaceutical Ingredient) molecules and bulk drug substances - Listings of antibiotic API manufacturers, traders, and distributors worldwide - Regulatory certification information and verification services - An RFQ (Request for Quotation) matching system connecting buyers with verified suppliers - Market intelligence reports and industry news - Trade data derived from customs statistics, covering import and export consignments - Advertising and promotional services for pharmaceutical companies

The Platform is designed exclusively for business-to-business transactions in the pharmaceutical industry. It is not intended for use by consumers seeking personal medical advice or prescriptions.

3. User Accounts

Registration: To access certain features including posting listings and submitting RFQs, you must register for an account. You agree to provide accurate, complete, and current information during registration and to update that information to keep it accurate.

Account Security: You are responsible for maintaining the confidentiality of your account credentials. You must immediately notify us of any unauthorised use of your account at security@antibioticsindia.com. We are not liable for any loss arising from unauthorised use of your account due to your failure to maintain credential security.

One Account Per Entity: Each legal entity (company or individual business) may maintain only one account unless expressly authorised by us. Creating duplicate accounts may result in termination of all accounts.

Account Verification: We may require verification of your identity, company registration, or regulatory certifications at any time. Failure to provide requested verification within a reasonable period may result in suspension of your account.

4. Listing Rules

If you submit a company listing, product listing, or any content for display on the Platform, you agree to the following rules:

Accuracy: All information submitted must be accurate, truthful, and not misleading. You must not claim certifications, regulatory approvals, or capabilities you do not hold.

Current Information: You are responsible for keeping your listing information current. Outdated certifications, discontinued products, or changed company details must be updated within 30 days.

Certification Verification: We may independently verify claimed certifications against official regulatory databases (US FDA, EU EudraGMDP, WHO, CDSCO, etc.). Listings with unverifiable certifications will be downgraded or removed. Deliberately false certification claims will result in immediate account termination.

Intellectual Property: You warrant that all content you submit (company descriptions, product information, images, documents) does not infringe any third-party intellectual property rights.

Prohibited Listings: You may not list products that are controlled substances, counterfeit pharmaceuticals, unapproved drug products, or any item whose listing would violate applicable law.

5. Trade Data

The Platform publishes statistics and records derived from customs trade declarations ("Trade Data"). The following terms apply to Trade Data in addition to the rest of these Terms.

Source and nature: Trade Data is compiled from Indian customs trade statistics obtained through commercial trade-data providers. It describes commercial consignments declared as moving between business entities, and is published for market research, sourcing and trade analysis. We do not hold, and do not publish, customs documents themselves.

What a record evidences: A record indicates that a consignment was declared as moving between two parties on a given date, under a stated tariff classification. It does not establish that either party manufactured the goods, does not indicate the quality, specification or regulatory status of any product, does not confirm that either party holds any licence or certification, and does not constitute an endorsement or recommendation of any company. Quantities and declared values are reproduced as filed; they may contain errors made at the point of declaration, and values recorded under different commercial terms are not directly comparable between shipments.

No personal data: We do not import or publish individual contact details — including personal names, email addresses and telephone numbers — within Trade Data, including where a source file supplied to us contains them. Trade Data concerns business entities and commercial consignments.

Permitted use: Trade Data is provided for your own internal business research and sourcing decisions. You may not scrape, bulk-extract, resell, sub-license or redistribute Trade Data, in whole or in substantial part, nor use it to build or populate a competing dataset or directory. You may not use Trade Data to send unsolicited communications where doing so would breach applicable law.

Corrections and removal: If your organisation appears in Trade Data and a record is inaccurate, or you wish a listing to be reviewed, contact us at the address in the Contact section with the company name and, where possible, the shipment details concerned. We will investigate and correct or remove records that are shown to be inaccurate, and will consider reasoned requests for removal on other grounds. We aim to acknowledge such requests within five business days.

No warranty: Trade Data is provided on an "as is" basis. We do not warrant that it is complete, current or free from error, and it should not be relied upon as the sole basis for any commercial, regulatory or legal decision. Verify material facts directly with the counterparty concerned before acting on them.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities on or in connection with the Platform:

- Providing false, misleading, or inaccurate information in listings, profiles, or RFQs - Impersonating any person, company, or regulatory authority - Using the Platform to facilitate transactions involving counterfeit, adulterated, or illegally diverted pharmaceutical products - Collecting or harvesting contact information from other users for unsolicited communications - Scraping, crawling, or using automated tools to access Platform data without our prior written consent - Introducing malware, viruses, or any harmful code to the Platform - Circumventing access controls, authentication mechanisms, or rate limits - Using the Platform to engage in price fixing, bid rigging, or other anti-competitive behaviour - Harassing, threatening, or abusing other users - Violating any applicable laws, including export control regulations, data protection laws, or pharmaceutical regulations

Violation of these prohibitions may result in immediate suspension or termination of your account and may be reported to relevant regulatory or law enforcement authorities.

7. Intellectual Property

Our IP: The Platform, including its design, functionality, software, databases, content produced by us (market reports, editorial content, regulatory data compilations), and trademarks, is owned by AntibioticsIndia and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

Your Content: You retain ownership of content you submit to the Platform. By submitting content, you grant AntibioticsIndia a non-exclusive, worldwide, royalty-free licence to use, display, and distribute that content on the Platform and in promotional materials related to the Platform.

Feedback: Any feedback, suggestions, or ideas you provide about the Platform may be used by us without restriction or compensation to you.

Third-Party Content: Regulatory data, pharmacopeia references, and other third-party information on the Platform is used under licence or fair use. We do not claim ownership of such information.

8. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that: - The Platform will be uninterrupted, error-free, or free of viruses or other harmful components - Information on the Platform (including regulatory certifications, company data, or pricing) is complete, accurate, or current - The Platform will meet your specific requirements

No Medical or Regulatory Advice: Content on the Platform, including drug monographs, regulatory information, and market data, is for general informational purposes only and does not constitute professional pharmaceutical, regulatory, legal, or medical advice. You should independently verify all information with qualified professionals before making commercial decisions.

Third-Party Conduct: We are not responsible for the conduct, representations, or products of manufacturers, traders, or other users listed on or using the Platform. We do not guarantee the quality, safety, or regulatory compliance of products offered by listed companies.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) AntibioticsIndia, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with your use of the Platform, even if we have been advised of the possibility of such damages.

(b) Our total aggregate liability for direct damages arising from your use of the Platform shall not exceed the greater of (i) the amount you paid to AntibioticsIndia in the 12 months preceding the claim, or (ii) USD 100.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the extent permitted by law.

10. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Dispute Resolution: Any dispute arising out of or in connection with these Terms or your use of the Platform shall first be attempted to be resolved through good faith negotiation. If negotiation fails within 30 days, disputes shall be submitted to binding arbitration in Bangalore, India, under the Arbitration and Conciliation Act 1996. The arbitration shall be conducted in English.

Class Action Waiver: You agree to resolve disputes with us on an individual basis and not as a plaintiff or class member in any class action lawsuit.

Injunctive Relief: Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

11. Contact

For questions about these Terms, to report violations, or to request permissions, please contact us:

AntibioticsIndia Legal Team Email: legal@antibioticsindia.com Address: Bangalore, India

To report a listing that contains false or misleading information: compliance@antibioticsindia.com

These Terms were last updated on 1 January 2024. The current version of these Terms is always available at AntibioticsIndia.com/terms.

Questions about these Terms? Contact us at legal@antibioticsindia.com or use our contact form.