Terms Of Use – Trading Platform | PHOENIX Pharma SE

Terms Of Use – Trading Platform

General Terms of Use of PHOENIX Pharma SE for Trading Platform

  1. Applicability

    1. The following General Terms of Use (hereinafter referred to as "Terms of Use") of PHOENIX Pharma SE (hereinafter referred to as "PHOENIX") apply to the use of the password-protected area of the Trading Platform. By registering to use the Trading Platform, the Client and its Users recognise these Terms of Use without restriction or reservation. PHOENIX does not recognise any deviating or conflicting terms and conditions. The Client is not authorised to upload or use its own GTCs. The use of the platform or the service is subject exclusively to the GTCs of the provider PHOENIX.
    2. PHOENIX is authorised to amend the Terms of Use. In this case, the User will be expressly informed of the changes and must recognise them again. Furthermore, PHOENIX is authorised to impose additional conditions for certain areas of the Trading Platform. These shall then apply in addition to these Terms of Use.
    3. The current version of the terms of use can be viewed at any time at https://phxclinicaltradeprod.powerappsportals.com/Terms-of-Use/.
    4. Future verbal collateral agreements must be made in writing to be effective unless they are based on an individual contractual agreement. This also applies to the amendment or cancellation of this written form clause.

  2. Use of the Trading Platform

    1. Clients who have an existing or prospective business relationship with PHOENIX or its affiliated companies are authorised to use the Trading Platform. User accounts may not be transferred to third parties. There is no legal entitlement to use the Trading Platform.
    2. Access to the Trading Platform server is only permitted via an http request using a web browser. It is not permitted to use administrator passwords or to impersonate an administrator when using the website.
    3. Access to the Trading Platform is free of charge.
    4. When using the Trading Platform, the User undertakes not to overload, attack, change or impair the website or the associated software, hardware and/or server. The User also undertakes not to hinder or impair the use of the website by others. Furthermore, the User agrees not to otherwise manipulate information or material on or in connection with the website. Accounts may not be transferred to third parties.
    5. Users are obliged to observe the regulations of antitrust law. They will comply with the following provisions:
      1. When using the Trading Platform, Users will make sure that his use of the platform complies with antitrust laws. Users undertake not to engage in abusive behaviour which include but are not limited to investigating prices, getting market information and/or anti-trust compliance violations.
      2. When using the Trading Platform, Users agree to limit the exchange of sensitive business information to what is necessary and monitor their activities to ensure compliance with antitrust laws.
      3. Users will adapt their use of the platform and behaviour on the platform to any changes in regulations, as well as changes to these Terms of Use.
      4. Users will only access information relevant to their own RFQs (request for quotation) and quotations. External customers and users not included within the customer account must not see sensitive business information about own or others RFQs information.
      5. Users will not engage in any activities to achieve seeing sensitive business information about other customers or companies registered on the Platform.
    6. For PHX countries and affiliates of PHX: PHX countries and affiliates are obliged to observe the regulations of antitrust law. They will comply with the following provisions:
      1. Users with supplier accounts from a PHOENIX country will perform a legal review to make sure the use of the Trading Platform is in accordance with local law.
      2. PHOENIX Pharma SE does not review anti-trust regulations on a local level for countries and does not review or guarantee the compliance of attending the platform on a local level. This lies in the responsibility of the PHX countries or affiliates.
      3. If a PHOENIX country user wishes to get a customer account, they need to contact the International Trading Team for the establishment of such an account. It is not possibility of having one account to be both a supplier and a customer.
      4. PHOENIX country users will not be able to see sensitive business information about other companies registered on the Platform and they will not engage in any activities to achieve seeing sensitive business information about other companies registered on the Platform.
    7. Any Client or User shall report any irregularities or violations of anti-trust laws to PHOENIX.

  3. Registration

    1. Registration is required to access the contents of the Trading Platform. For this purpose, the User must enter their first name, surname and e-mail address when registering. The User then receives a link by e-mail with which he can set up his user account and define his password. The User can then log in with their e-mail address, enter the chosen password and use the contents of the Trading Platform. For the avoidance of doubt: Every participating party in the Trading Platform is responsible for their own compliance check regarding applicable laws and especially anti-trust laws and must decide for itself if it can participate. A successful onboarding or registration does not mean a certain assessment or approval by PHOENIX.
    2. Each User can only register once. Each Client may have several user accounts.
    3. The User is obliged to keep his access data secret and to protect it from access by third parties. His access data may not be made available to third parties for use or passed on to them in any other way. It is also not permitted to use the access data of third parties.
    4. The User is solely responsible for the use of his user account or all corresponding account activities, including the use of the account by a person who uses the User's login data with or without authorisation or has access to a computer on which the User account is located or via which it can be accessed. If there are indications that a third party has gained access to the login data, the User is obliged to change the login data concerned immediately. Furthermore, in such cases the User is obliged to inform PHOENIX immediately.
    5. The User is obliged to keep the data provided during registration up to date at all times.

  4. Intellectual Property

    All content presented on the Trading Platform, in particular texts, images, photos, graphic representations, musical works and trademarks, and the solution itself are protected by copyright law or other laws for the protection of intellectual property. With the exception of the contractual use of the Trading Platform, these may therefore not be reproduced, distributed, edited, translated or otherwise stored or processed in other media, including in electronic form. The use of automated systems or automated software to extract content from the Trading Platform is also prohibited. Any utilisation, in particular the use of texts, parts of texts, sound or image material, requires the prior consent of the respective author or rights administrator.

  5. Termination of the Account

    1. The User can delete his user account at any time without giving reasons and without observing a deadline. As soon as the user account is deleted, the User's personal data that was required for the use of the Trading Platform shall be deleted within one month, unless there is an obligation to retain the data due to laws or legal provisions or unless a business relationship continues to exist and the retention of the data is necessary for the purposes of the business relationship.
    2. PHOENIX is authorised to delete the user account of a User for good cause and thus exclude the User from further use of the Trading Platform. An important reason for deleting the user account is given in the following cases in particular:
      • the User has provided false information during registration;
      • the User belongs to a Client that is no longer a PHOENIX client;
      • if a User has registered more than once;
      • in the event of violations of these Terms of Use or other terms and conditions of the Trading Platform;
      • in the event of violations of legal prohibitions, in particular copyright, competition or data protection regulations.

  6. Modification or Cancellation of the Trading Platform; Availability

    1. PHOENIX reserves the right to make changes to the contents of the Trading Platform at any time, in particular to discontinue individual contents. PHOENIX also reserves the right to discontinue the Trading Platform as a whole.
    2. PHOENIX endeavours to make the Trading Platform available for use with as few interruptions as possible. However, despite all due care, downtimes cannot be ruled out. Client or User cannot derive any claims against PHOENIX from an interruption or other disruption.

  7. Liability

    1. The User undertakes to provide accurate and up-to-date master data and other necessary information. The User or rather the Client is solely responsible for the accuracy of the information provided. Incorrect or incomplete information may lead to legal consequences and shall be borne by the Client. The User or rather the Client is aware that false statements or incomplete information may lead to damages, losses or legal consequences and agrees to indemnify PHOENIX against any liability arising from such false statements. The User or rather the Client is obliged to inform PHOENIX immediately of any changes to his master data or other relevant information. PHOENIX shall in no case be liable for the accuracy, completeness and timeliness of the data available in the Trading Platform. Clients are responsible for their Users.
    2. PHOENIX's liability for damages shall be excluded in the event of slight negligence on the part of PHOENIX and its vicarious agents. This does not apply in the event of a breach of a material contractual obligation (i.e. an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the User may regularly rely); in this case, liability is limited to the foreseeable damage typical for the contract. This limitation of liability does not apply to claims under the Product Liability Act or to injury to life, limb or health.
    3. Otherwise, PHOENIX shall be liable in accordance with the statutory provisions.

  8. Order Process and Contracting

    The User will file a request for quotation via the Trading Platform. The request will be processed by PHOENIX and interested PHOENIX countries would respond by quoting prices and quantity offers. If there is mutual interest to conduct the business together, the User would send in the order via email outside of the Trading Platform. The use of the Trading Platform is limited to the extent of receiving quotations by the User from PHOENIX. The subsequent actions on winning quotations occur outside the Trading Platform.

  9. Data Privacy

    1. PHOENIX collects, processes and uses Users' personal data for the purposes of using the Trading Platform. In addition, PHOENIX collects, processes and uses a User's personal data only if the User has consented, the processing is in connection with a prospective or existing business relationship, and the General Data Protection Regulation, the German Federal Data Protection Act or another legal provision requires or permits this.
    2. Details on the collection, processing and use of personal data can be found in the privacy policy under https://phxclinicaltradeprod.powerappsportals.com/Privacy-Notice/.

  10. Place of fulfilment and jurisdiction

    The place of fulfilment and jurisdiction is Mannheim. German law applies.

    Status: 19th of February, 2026