The primary mission of ChemLinked is to keep chemical, food, cosmetic and agrochemical regulatory professionals continually updated with regulatory issues in China by providing regulatory/inventory database, expert articles, regulatory news & event updates as well as off-line compliance guidance.
b)Scope and Intent.
a)Applicable Laws and this Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
b)License and Warranty for Your Submissions to ChemLinked.
You own the information you provide ChemLinked under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant ChemLinked a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to ChemLinked, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to ChemLinked, without any further consent, notice and/or compensation to you or any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a ChemLinked account, (3) are not a competitor of ChemLinked or are not using the Services for reasons that are in competition with ChemLinked; (4) will only maintain one ChemLinked account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of ChemLinked, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your ChemLinked account to another party; and (5) refrain from charging anyone for access to any portion of ChemLinked, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit ChemLinked’s helpdesk.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through ChemLinked.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium subscription package”), you agree to ChemLinked storing your payment card information. You also agree to pay the applicable fees for the Services (including, without limitation, periodic fees for premium subscription package) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Membership Services here. ChemLinked’s refund policy is explained in article 10. You also acknowledge that ChemLinked’s Membership Services are subject to this Agreement and any additional terms related to the provision of the Membership Service.
g)Notifications and Service Messages.
For purposes of service messages and notices about the Services to you, ChemLinked may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from ChemLinked to an email address associated with your account, even if we have other contact information. You also agree that ChemLinked may communicate with you through your ChemLinked account or through other means including email, mobile number, telephone, or delivery services including the postal service about your ChemLinked account or services associated with ChemLinked. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
h)User-to-User Communication and Sharing.
ChemLinked allows you to post your observations and comments on designated topics in the News, Regulatory Database as well as Expert Articles Sections. Please note that ideas you post and information you share may be seen and used by other Users, and ChemLinked cannot guarantee that other Users will not use the ideas and information that you share on ChemLinked. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it anywhere on ChemLinked. CHEMLINKED IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY CHEMLINKED COMMUNITY FORUMS.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 8, we grant you a limited, revocable, nonexclusive, nonassignable, license and right to access the Services, through a generally available web browser (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of ChemLinked or its Users), view information and use the Services that we provide on ChemLinked webpages and in accordance with this Agreement. Any other use of ChemLinked contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from ChemLinked commercially unless expressly authorized by ChemLinked) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in ChemLinked and all related items, including any and all copies made of the ChemLinked website.
a)Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of ChemLinked, our Users or the public.
b)Interactions with other Users.
You are solely responsible for your interactions with other Users. ChemLinked reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if ChemLinked determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
a)Mutual Rights of Termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to ChemLinked pursuant to Section 5.3. This notice will be effective upon ChemLinked processing your notice. ChemLinked may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your ChemLinked account includes disabling your access to ChemLinked and may also bar you from any future use of ChemLinked.
b)Misuse of the Services.
ChemLinked may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes abusing the ChemLinked messaging services; using the Services commercially without ChemLinked’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 8, or any other behavior that ChemLinked, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, ChemLinked has adopted a policy of terminating accounts of Users who, in ChemLinked’s sole discretion, are deemed to be repeat infringers.
c)Effect of Termination.
Upon the termination of your ChemLinked account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.1-2 (“Our Rights and Obligations”) hereof.
a)Law and Forum for Legal Disputes.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of China regardless of your country of origin or where you access ChemLinked, and notwithstanding of any conflicts of law principles. You and ChemLinked agree that all claims arising out of or related to this Agreement must be resolved exclusively by a city or provincial court located in Hangzhou, China, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and ChemLinked agree to submit to the personal jurisdiction of the courts located within Hangzhou, China for the purpose of litigating all such claims. Notwithstanding the above, you agree that ChemLinked shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $1,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute reSolutions (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
In addition to Section 2.g. (“Notifications and Service Messages")
Or via mail or courier at:
ChemLinked, REACH24H Consulting Group
14th Floor, Building 3, Haichuang Technology Center, 1288 West Wen Yi Road, Hangzhou China (311121)
Additionally, ChemLinked accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ChemLinked services, third-party content or third party software.
e)Amendments to this Agreement.
f)No Informal Waivers, Agreements or Representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any ChemLinked Affiliate shall be deemed legally binding on any ChemLinked Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of ChemLinked.
g)No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
h)Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, ChemLinked for any third party that assumes our rights and obligations under this Agreement.
i)Potential Other Rights and Obligations.
You may have rights or obligations under local law other than those enumerated here if you are located outside China.
As a condition to access ChemLinked, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
a)Do Undertake the Following:
b)Don’t Undertake the Following:
We built ChemLinked to help you stay in compliance with Chinese chemical regulations. To achieve this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, ChemLinked provides a process for submission of complaints concerning content posted by our Users.
We offer a full refund based on what we receive within 7 business days of purchase if you pay by mistake and don’t cause any interest damage to ChemLinked. Any download of the documents will be judged whether the refund application is acceptable or not. Please do not use ChemLinked resources if you pay for wrong portal unintentionally and contact us for a correct ASAP. Any transaction fees charged by the credit card company, PayPal or Bank shall be covered by the purchaser.
The membership packages offered at ChemLinked each portal (Basic, Standard, Corporate & Special) only cover the resources available on our website when your purchase is made.
ChemLinked Team, Hangzhou, China