Food Compliance
Intelligence & Solutions
Terms of Use
Updated on 2023/10/20
1. INTRODUCTION.

a)Purpose.
The primary mission of ChemLinked is to keep chemical, food, cosmetic, agrochemical and pharmaceutical 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.
You agree that by registering on ChemLinked, or by using our website, including our off-line services, or other information provided as part of the ChemLinked services (collectively "ChemLinked" or the "Services"), you are entering into a legally binding agreement with REACH24H Consulting Group, 14F, #3 Bldg., Haichuang Technology Center, No. 1288 Wenyi West Road, 311121, Hangzhou, China, based on terms of this ChemLinked User Agreement and the ChemLinked Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement") and become a ChemLinked User ("User").

If you are using ChemLinked on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a ChemLinked User, do not conclude the Agreement, do NOT click “Join ChemLinked” and do not access, view, download or otherwise use any ChemLinked webpage, information or services. By clicking “Join Now,” you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Join Now,” you also consent to use electronic signatures and acknowledge your click of the “Join Now” button as one. Please note that the ChemLinked User Agreement and Privacy Policy are also collectively referred to as ChemLinked’s “Terms of Service.”

2. YOUR OBLIGATIONS.

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.

c)Service Eligibility.
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.

d)Sign-In Credentials.
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.

e)Indemnification.
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.

f)Payment.
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 11. 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.

i)Privacy.
You should carefully read our full Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to ChemLinked, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

3. YOUR RIGHTS.

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.

4. OUR RIGHTS AND OBLIGATIONS.

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.

Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy

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.

5. TERMINATION.

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.

6. DISPUTE SOLUTIONS.

a)Applicable Law.
This Agreement shall be construed in accordance with and governed by the law of the People’s Republic of China (the “PRC”, excluding, solely for purpose of this Agreement, Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan region).

b)Dispute Resolution.
In case of any dispute in connection with this Agreement, the Parties shall attempt to carry out amicable consultation with each other to resolve the dispute. If the Parties fail to resolve the dispute through amicable consultation, such dispute shall be submitted to the Hangzhou Arbitration Commission (the “HAC”) for arbitration in Hangzhou under HAC’s arbitral rules in effect at the time when the request for arbitration is submitted. The arbitral award shall be final and binding upon the Parties.

7. GENERAL TERMS.

a)Severability.
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.

b)Language.
Where ChemLinked has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with ChemLinked.

c)Notices and Service Messages.
We may notify you via postings on https://chemlinked.com. You may contact us here.

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.

d)Entire Agreement.
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.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at https://chemlinked.comor notifying you otherwise. For example, ChemLinked presents a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 5 (Termination).

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.

8. ChemLinked USER “DOS” and “DON’TS.”

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:

9. Disclaimer.

a) This Site contains information, text, data, graphics, photographs, illustrations, artwork, names, logos, trade marks and information about ChemLinked and its partners and on the products and services it and they provide (the “Information”).

b) The Site, Information and Content (as described below) is provided “as is” and on an “as available” basis only and ChemLinked does not give any representation, warranty, condition or other term as to its accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Site or any of the Content or Information. No responsibility is accepted by or on behalf of ChemLinked for any errors, omissions, or inaccurate Information or Content on the Site. ChemLinked does not warrant that the Site will be uninterrupted or error free or that any defects will be corrected

c) ChemLinked accepts no liability for the results of any action taken on the basis of the Information or Content and all implied warranties, conditions and other terms including but not limited to the implied warranties, conditions or terms of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law. We do not attempt to exclude any rights you may otherwise have as a consumer that We cannot exclude as a matter of law.

d) ChemLinked makes no representations, warranties or guarantees against human and machine errors, omissions, delays, losses( including loss of data), or that files available for download from the services will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

e) When you purchase a Product or Subscription in ChemLinked, ChemLinked`s liability in contract, tort (including negligence) or otherwise arising out of or in connection with the performance or observance of its obligations to supply any Product or Subscription under these Terms shall be limited to the amount of the price paid by you to ChemLinked in respect of the Product or Subscription in question.

f) Neither ChemLinked nor any of its directors, employees or other representatives will be liable for any loss you suffer including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of this Site, in respect of death or personal injury resulting from our negligence or fraud.

g) You accept that after you leave this Site (whether knowingly or not) ChemLinked can no longer be responsible in any way for any material that you encounter and We exclude to the fullest extent permitted by law all liability that may arise with respect to or as a result of such material causing any damage, costs, injury or financial loss of any kind.

h) If you are dissatisfied with any portion of the service, or with any of these terms, you sole and exclusive remedy is to discontinue using the services and, where applicable, terminate your account. To the extent that you might otherwise believe that any warranties, guarantees or representations have been made to you, you hereby agree that such statements, whether made orally or in writing, are to be construed as merely nonbinding expressions of policy rather than affirmative representation, obligations, guarantees or warranties.

10. COMPLAINTS REGARDING CONTENT POSTED ON THE CHEMLINKED WEBSITE.

We built ChemLinked to help you stay in compliance with global market access 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.

11. REFUND POLICY.

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.

12. SCOPE of the MEMBERSHIP PACKAGE.

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.