Terms and Conditions

Effective Date: 04/04/2024

Welcome to the SIRURGIS Platform! We are excited to provide you access to our platform and services and want to ensure that all users have a positive and safe experience. To achieve this goal, we have established these Terms and Conditions. By using our platform and services, you agree to comply with the terms and conditions outlined in this document. Please read this document carefully.

**1. Platform Overview**

SIRURGIS is a platform that facilitates the connection between suppliers and buyers, allowing them to buy and sell medical equipment. We act as intermediaries and provide the infrastructure for transactions. However, it is important to note that we are not responsible for any issues that may arise regarding products sold on our platform. Buyers and sellers should exercise due diligence and caution during transactions.

**2. Prohibited Activities**

SIRURGIS Platform prohibits the following activities on its platform. Engaging in any of these activities may result in consequences, including the suspension or termination of your account and access to our services:

  1. a) Illegal Activities: You may not use our platform for illegal activities or activities incompatible with applicable laws, regulations, and statutes in your jurisdiction.
  2. b) Financial or Reputation Risk: You may not engage in activities that pose excessive financial, reputational, or other types of risk.
  3. c) Harmful or Offensive Content: You may not create, share, or promote harmful, offensive, hateful, or discriminatory content targeting individuals or groups based on factors such as race, gender, religion, or nationality.
  4. d) Deceptive or Fraudulent Content: You may not engage in deceptive or fraudulent activities, including but not limited to scams, phishing, or listings for fraudulent products.
  5. e) Intellectual Property Rights: You may not violate the intellectual property rights of third parties, including copyrights, trademarks, and patents.

**3. Reporting Violations**

To maintain the integrity of our platform and address concerns promptly, we encourage users and third parties to report violations of these Terms and Conditions. The reporting channels are as follows:

  1. a) General Reporting: Anyone can contact SIRURGIS to report potentially problematic content or other concerning activities using the designated reporting channels.
  2. b) Intellectual Property Rights: Owners of rights who believe their intellectual property rights are violated on our platform can contact SIRURGIS to inform us of their concerns.
  3. c) Law Enforcement and Regulatory Authorities: Law enforcement or regulatory authorities can interact with our designated department to address legal or regulatory issues.

**4. User Responsibility**

By using our platform, you are responsible for the security of your account, not sharing login credentials, and keeping your personal information up to date.

**5. Privacy Policy**

Please refer to our Privacy Policy for information on how we handle user data, including data collection, storage, and sharing. We ensure compliance with data protection laws such as GDPR or CCPA, if applicable.

**6. Payment Terms**

Within the SIRURGIS Platform, the only accepted and considered secure payment method is PayPal. Any purchase or sale transactions that do not occur through this channel and/or outside the SIRURGIS Platform will not be considered and are in no way protected. We are firmly committed to ensuring the security and integrity of transactions conducted on our platform using PayPal as the designated payment channel. Users are therefore encouraged to exclusively use PayPal for transactions on the SIRURGIS Platform to ensure complete protection and effective dispute resolution. In case of transactions conducted outside of PayPal or outside of the SIRURGIS Platform, we disclaim any responsibility for any issues or disputes that may arise. User safety and protection are our top priorities, and we urge all users to adhere to this policy to ensure a positive and secure experience for everyone.

**7. Shipping and Delivery**

For physical products, shipping and delivery terms must be agreed upon directly between the buyer and the seller, both before and after the purchase. SIRURGIS will not be involved in the negotiation or management of shipments or deliveries. It is the responsibility of the buyer and the seller to clearly define the details regarding delivery times, shipping costs, and other relevant conditions. SIRURGIS assumes no responsibility for any issues or disputes related to the shipping and delivery of physical products.

Shipping information, including the type of courier used, tracking number, and shipping date, must be provided by the seller through the tools provided by the platform (dedicated section and/or by transcribing this information to the customer through the communication platform). Users are encouraged to communicate clearly and agree on shipping and delivery details directly with each other to ensure a smooth and satisfactory process.

**8. Product Information and Clarification Requests**

SIRURGIS provides a space where sellers can input information about their products. However, it is the sole responsibility of the seller to verify the accuracy and completeness of the information provided in product descriptions. SIRURGIS may review listings to the best of its ability but cannot guarantee the truthfulness of the information declared by the seller. Buyers are encouraged to carefully read product descriptions and, in case of doubts or requests for clarification regarding unclear elements or missing information, should contact the seller directly. The seller should be ready to respond to buyer inquiries and provide additional details, if necessary. SIRURGIS is not responsible for any misunderstandings or incorrect information provided in product listings. Users should rely on direct communication with the seller to obtain all necessary information before making a purchase.

**9. Returns and Refunds Policy**

The returns and refunds policy, if applicable, must be discussed and agreed upon between the buyer and the seller before completing a purchase. SIRURGIS is not involved in the management of returns and refunds and cannot intervene in any way in disputes between the buyer and the seller. All disputes related to returns or refunds will be handled exclusively through the sole authorized payment system within the platform, namely PayPal. In case of disputes, users are required to use the dispute resolution system provided by PayPal to seek an amicable solution. SIRURGIS does not have the ability to intervene or make decisions in these matters. Buyers are encouraged to carefully read the returns and refunds policies established by the seller and agree to the terms before making a purchase. It is recommended to retain all communication and transaction details for documentation purposes in case of disputes.

**10. Account Termination**

A user's account on SIRURGIS may be terminated in the event of any of the following:

- Attempt to create a duplicate account.

- Attempted fraud and/or scam.

- Fraud and/or scam.

- Receipt of multiple reports from other platform users.

- Listings containing false information.

- Providing false information about oneself and/or the company.

- Misuse of the platform.

- Encouragement of the buyer/seller to use alternative payment systems outside the platform.

- Encouragement of the buyer/seller to complete the transaction outside the platform.

SIRURGIS is committed to maintaining a safe and trustworthy environment for all users. Therefore, appropriate measures, including account suspension or termination, will be taken in response to behaviors or violations of the Terms and Conditions that jeopardize the integrity of the platform or its users. In case of account termination, users will no longer have access to SIRURGIS services and must comply with decisions made by the platform administration. Account termination may result in the loss of data and information associated with the account, so users are advised to back up such data if necessary. SIRURGIS reserves the right to take legal action, if necessary, against users who have committed fraud or scams through the platform.

**11. Dispute Resolution**

All disputes between buyers and sellers must be managed within the section provided by the PayPal payment platform. SIRURGIS is not involved in dispute resolution and cannot provide assistance in this regard. In the event of disputes or issues related to a transaction, users are required to use the dispute resolution system provided by PayPal to seek an amicable solution. PayPal offers structured procedures for resolving disputes and conflicts impartially and in accordance with applicable laws. Users are responsible for following the procedures outlined by PayPal and providing the requested information for dispute resolution. SIRURGIS does not have the ability to intervene or make decisions in these matters and relies entirely on PayPal for the management of payment-related disputes. Please note that the use of the dispute resolution system provided by PayPal is binding for all users and constitutes the primary means for resolving disputes and issues related to transactions on SIRURGIS.

**12. Limitation of Liability**

The SIRURGIS Platform is committed to providing a safe and reliable environment for users, but it is important to understand that there are limitations to our liability. Users acknowledge and accept that the use of the Platform is at their own risk. Therefore, the SIRURGIS Platform and all parties involved, including its officers, employees, and agents, shall not be liable for any direct, indirect, special, consequential, or incidental damages arising from the use of the Platform or from the lack of access to the Platform. This limitation of liability applies to all types of damages, including but not limited to loss of profits, loss of data, business interruption, damage to reputation, or financial losses. Furthermore, the SIRURGIS Platform is not responsible for any damages or losses arising from events beyond our control, such as technical malfunctions, Internet service interruptions, force majeure, fraudulent activities by third parties, or similar events. Users acknowledge that the SIRURGIS Platform is not a party to transactions between buyers and sellers and is not responsible for the quality, safety, or legality of products or services sold on the Platform. It is the responsibility of users to exercise due diligence and caution during transactions and to resolve any disputes directly between the parties involved. In any case, the overall liability of the SIRURGIS Platform, if deemed applicable for any reason, is limited to the amount actually paid by users for the use of the Platform.

**13. Intellectual Property**

The SIRURGIS Platform respects the intellectual property rights of its users and third parties. Users retain all intellectual property rights to any content or material they upload, post, or share on the SIRURGIS Platform. The use of the SIRURGIS Platform does not confer any intellectual property rights to the Platform itself or its contents. All trademarks, logos, images, text, and other materials on the SIRURGIS Platform are the exclusive property of SIRURGIS or the respective rights holders and are protected by copyright laws and applicable intellectual property legislation. Users agree to respect the intellectual property rights of SIRURGIS and third parties and not to copy, reproduce, distribute, transmit, publish, display, or exploit such materials in any way without the written authorization of the respective rights holders. Any content or material uploaded, posted, or shared by users on the SIRURGIS Platform is their sole responsibility, and users agree not to infringe on the intellectual property rights of third parties or SIRURGIS through their use of the Platform. If any content on the Platform is believed to violate the intellectual property rights, please report it immediately to SIRURGIS to allow for appropriate resolution measures. SIRURGIS reserves the right to remove any content that violates the intellectual property rights of others or the Platform's usage rules.

**14. Applicable Law and Jurisdiction**

These Terms and Conditions are governed and interpreted in accordance with the laws of the Italian State without regard to principles of conflict of laws. In the event of legal disputes or legal actions arising from these Terms and Conditions or the use of the SIRURGIS Platform, the parties agree that the exclusive jurisdiction for such disputes shall be with the courts of the Italian State, and they consent to the personal jurisdiction in such courts.

**15. Updates and Amendments**

The SIRURGIS Platform reserves the right to make updates and amendments to these Terms and Conditions at any time. Users will be informed of such changes through notifications or notices posted on the Platform or sent via email. The continued use of the Platform after the publication of changes constitutes users' acceptance of such changes. It is the responsibility of users to periodically check the Terms and Conditions to stay informed of the most up-to-date provisions.

**16. Contact Information**

For any questions, assistance, or reports of violations of the Terms and Conditions, users can contact SIRURGIS using the following contact email address: mail@starfamedical.com. We are here to assist you and ensure a positive experience on the SIRURGIS Platform. Please feel free to reach out to us if you need support or wish to report any issues or violations of the Terms and Conditions.