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Access to and use of this website is subject to the following terms and conditions ("Terms & Conditions"). This Agreement is a legal document which sets out your rights and obligations and those of the owners of ChemPeople.com. You must agree to register and it is taken that you re-confirm this agreement each time you use this website.
1. Definitions
· “User” By accessing any part of ChemPeople you become a "user" of ChemPeople and you agree to be bound by those general Term and Conditions hereinafter that reasonably apply to non-registered members.
· "Registered member / member" If you register your details to ChemPeople you become a "registered member" of ChemPeople and you agree to be bound by all aspects of the following Term and Conditions.
· "ChemPeople" means the website identified by the url: www.chempeople.com.
· "We/our/us" means the legal owners of ChemPeople; and any subsidiary or associated companies or legal entities which are governed by legally binding contractual arrangements
· “You/your” means an individual “user”, "registered member", a company or other legal entity
2. Membership Conditions
· By registering and subscribing to ChemPeople you become a registered member. Shortly after registering your detals, you will receive an email confirming your username and password. You can then access the members’ areas and services of ChemPeople using your unique username and password.
· This access is provided on the basis that:
a. Your username and password are personal to you and may not be used by anyone else.
b. All information you submit about yourself on the registration form is accurate and true.
c. You will not do anything which would assist anyone, not registered as a member to gain access to information contained in this site without first becoming a registered member.
d. You are fully entitled to use the credit, debit or charge card that is used to pay for your membership; and this card has sufficient funds to cover the charges deducted by us.
e. You do not use your access to ChemPeople, or any information gathered from it, for any illegal activity, for the sending of unsolicited bulk email (sometimes known as spam) or for any use that might reasonably be deemed offensive to other members.
f. You acknowledge and agree unconditionally to be wholly responsible for everything you do on, or via the ChemPeople site and that we are not and cannot be held responsible in any manner, at any time for the behaviour of Registered Members, neither during the time they are accessing ChemPeople or outside of it.
g. We do not pre-screen or continuously monitor the material contributed by Registered Members but will, from time to time survey it and take corrective action if deemed necessary. You agree that we are not and cannot be held responsible for any eventuality arising out of delays in this corrective activity taking place.
· If, we have any reason to believe that you have not complied with any of these Terms & Conditions, we may, at our discretion, cancel your access to ChemPeople immediately and without provision of advance notice or any refund of your membership fee. We reserve the right (a) to suspend or terminate any member’s access to ChemPeople, and/or (b) to edit, or require the member to edit, material posted on ChemPeople if the relevant member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register without our prior consent.
· In the event that membership is suspended or terminated you agree that the burden of proof lies entirely with you to reasonably prove to us that you had not contravened any of these Terms & Conditions. If we are satisfied with the ‘proof’ provided we will reinstate membership immediately with credit being given for the lost membership time by way of an extension to your membership by the same number of days that suspension occurred. You also covenant and agree that you will at no time initiate legal proceedings against us in connection with any suspension or termination and agree unconditionally to accept reinstatement of membership as described as acceptable reimbursement.
· Membership or non-membership of ChemPeople.com is completely independent of any other association you may have, have had or be considering with any other company associated with ChemPeople, such as its owners, subsidiary, associated or otherwise contractually based companies or legal entities.
3. Registration, data protection and privacy
· To register you must be a minimum of 13 years of age.
· To register you must complete the registration form in as much detail as you are happy to share. By voluntarily providing this information you acknowledge and agree unconditionally that it may be accessed by us and any other subscriber and are accepting full responsibility for anything that may arise from the provision of this information.
· This database works on the principle that the more information you provide, the more you will be able to access about other subscribers.
· Some fields (marked) and email address (which are required to subscribe) are strictly for our use so that we may easily communicate with you and for statistical purposes. No other Registered Member (except those registered members who are Directors, employees or contractually bound associates of ‘us’- as defined in definitions) shall be able to access this data.
· We may, from time to time be asked by interested parties (other members or third parties) for data submitted by members but which is not accessible to them. If this happens we covenant to always seek your permission before any data is made available and then to adhere strictly to your decision at all times.
· Of course, you may be contacted directly through the site with such requests. Subject to our Terms & Conditions, we will make no attempt to censor or prevent you communicating any information whatever with fellow subscribers.
· If you wish to unsubscribe please email us at technical@chempeople.com . Please note that we will not remove your details from our database unless you instruct us to do so, in which case all data (except as supplied by you to our forum) will be immediately removed.
· Credit Card information. We use Worldpay, to handle your credit card / debit card transactions. They operate a secure server, encrypt Members’ card information and authorise payment directly to our bank. This means that members’ card details are not revealed to us at any time. Worldpay plc themselves may transfer to, process and hold your credit card information in different countries in connection with performing their duties and you are in agreement that their actions in this regard is beyond our control.
4. Fees and payment
· Basic membership of this website is free. Upgraded membership is a chargeable feature and use of this is entirely optional. We reserve the right to modify any aspect of upgraded membership benefits at any time including future pricing and any changes shall be clearly communicated. Once paid for refunds for upgraded membership shall be at the sole discretion of the management.
· Your basic membership will last indefinitely. Should you wish to completely remove your details from our site you must contact us. Chargeable additional services as mentioned above shall be assumed to be made available for 1 year from date of payment for such service, unless otherwise informed. On, or shortly before expiry we will email you to see if you wish to renew this service. If you wish to continue, you will be able to do so at our then-current Terms & Conditions and prices.
5. Services
· ChemPeople may offer new or additional services without prior notice. Your use of those services may be subject to additional terms & Conditions, or rules of use, which you must comply with. Provided that those Terms & Conditions or rules are notified in an appropriate manner, any failure by you to comply with a material provision of them or rules governing those services will amount to a breach of this Agreement.
· ChemPeople reserves the right to withdraw or modify any aspect of the ChemPeople Services where we have legal or technical reason to do so. There may also be times when ChemPeople becomes temporarily unavailable, whether on a scheduled or unscheduled basis for technical reasons. For security or other reasons, we may also require you to change password or other information which facilitates access to ChemPeople. In all cases we will make every effort to resume an acceptable level of service at the earliest possible time. We make no guarantee however as to the acceptability of this to members.
6. Material
For the purpose of this agreement, "material" means any material published on ChemPeople including, without limitation, all text, images and graphics of any nature whatsoever, regardless of whether the copyright or any other intellectual property rights rest with us or a third party.
General
· You may download and print extracts from the material and make copies of these for your own personal use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner so as to create a database in electronic or paper form comprising all or part of the material appearing on ChemPeople.
· You must not reproduce any part of ChemPeople or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
· We reserve the right to use any material you may choose to send to us. If we use your material on ChemPeople you will be asked to whom the material should be accredited or alternatively whether you would prefer the material to be uploaded without accreditation.
· We reserve exclusive editorial rights on all material forwarded to us for use on ChemPeople and other associated urls.
Material posted by members
· We do not accept any liability for material supplied and posted on ChemPeople by any registered member.
· You warrant that any material that you submit to ChemPeople is free from viruses and will not have any detrimental or contaminating effect upon this website and/or any registered members of ChemPeople.
· You remain ultimately responsible for any material that you post on ChemPeople and warrant that the comments or information supplied are true and accurate. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access ChemPeople, nor any activity or communication you make in connection with any ChemPeople Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading. We reserve the right to remove from ChemPeople any material submitted by you.
· You shall indemnify us against any claims or losses, expenses or liabilities howsoever incurred (including legal expenses and other professional fees) arising as a consequence of your breach of any of the aforementioned Terms & Conditions.
· Each Member acknowledges that we are entitled to withdraw any material on ChemPeople which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring ChemPeople into disrepute. Each user acknowledges that we do not regularly monitor material which appears on ChemPeople and that we are reliant upon you and all users to notify us of anything you see which might appear likely to breach this Agreement.
7.Third Party Advertised Material
· Individual advertisers on this site are solely responsible for the content of material which they submit to us, including ensuring that it complies with the British Code of Advertising Standards Authority or other relevant body. Submissions must be legal, decent, honest and truthful and we reserve the right but not the obligation to amend copy to ensure compliance. You accept we are unable to check the truthfulness or accuracy of any statements made in copy and we accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us which are caused by an untrue statement, deliberately or otherwise made or provided by you.
· individual advertisement must not relate to more than one situation (job, event, etc). By sending your advertisement to us, you are requesting that the advertisement appears on our web site. This means that the advertisement, including your contact details if appropriate can be viewed by anyone with internet access worldwide. You agree to the publication of your data in this manner. No contract is made until we have accepted your advertisement copy. We will try to publish your advertisement on the day received, failing this our next working day.
· We reserve the right to remove any advertisement without prior notice if we deem it unsuitable for whatever reason. Provided you are not held to be in breach of any of our terms & conditions, you shall be entitled to a refund of the advertisement price paid and we shall contact you to arrange this as necessary.
· Where an advertisement does not appear on the web site at all you shall also be entitled to a refund of the advertisement price paid unless the omission is caused by unforeseen circumstances beyond our reasonable control or because of your breach of contract. Our liability for breach of contract or negligence under any circumstances shall not exceed an amount equal to the price of the advertisement involved, provided that nothing in this clause shall limit our liability for death or personal injury caused by our negligence or that of our servants or agents
· You have the right to cancel or request deletion of an advert for any reason at any time but you accept that once invoiced or paid for by credit card, payment must be received by us. Refunds may occasionally be offered at the sole discretion of the management.
· It is impossible to provide a web site completely free from interruptions and (except in the case of interruptions caused by our negligence) we do not guarantee that your advert will be provided continuously or free of errors. In addition, we will need to carry out maintenance of the site from time to time and in doing so shall attempt to keep any disruption to your advertisement to a minimum.
· If not paid by credit / debit card, payment for invoices may be by cheque (for the currency shown), draft or bank transfer with all costs by payor. Payable to Chemical Search International Limited, reference the invoice number. Payment is due upon receipt of the invoice. Please note; if not settled within 30 days interest shall be added at 10% per month for the full amount outstanding. By agreeing these terms you hereby agree we may do this without notice.
· These terms and conditions and the contract of which they shall form a part shall be governed by English law.
8. Disclaimer of Liability
· We have no control over, responsibility for, nor give any warranty as to the truth, accuracy, completeness, currency or reliability of any of the information available on ChemPeople, whether provided by Members or others. We expressly disclaim on behalf of ChemPeople and any party contributing material (to the maximum extent permitted by law) all liability for any damage or loss resulting whatsoever and howsoever from your use of or reliance on the information and material published on ChemPeople. Accordingly, to the extent that the law permits, you release the directors, contractors and employees of ChemPeople, its owners and any subsidiary or associated companies or legal entities which are governed by legally binding contractual arrangements from all liability arising out of or in connection with ChemPeople and the material included here by Members and other third parties.
· Please note that despite these Terms & Conditions members may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Please also note that some people may not necessarily be who they say they are. Your use of ChemPeople is necessarily entirely at your own risk.
· You will be able to access other websites via links from ChemPeople. These sites are not under our control and we are not and cannot be held responsible in any way for any of their contents or eventualities arising out of connecting to these sites from the link to ChemPeople.
· We give no warranties of any kind concerning ChemPeople or the material therein. In particular, we do not warrant that ChemPeople or any of its content is virus free. You must take precautions in this respect as we accept no responsibility whatsoever for any infection by virus or other communication or by anything which has destructive properties.
· We will not be liable to you or any third party for any direct, indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise) as a result of using ChemPeople. We will also not be liable for any failure to perform our obligations under this Agreement caused by matters beyond our reasonable control.
· Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of ChemPeople under this Agreement (whether arising out of negligence or otherwise) will not under any circumstances exceed the aggregate membership registration fees paid to us during the relevant period of twelve months, regardless of the cause or form of action.
· Nothing in this Agreement limits ChemPeople’s liability for death or personal injury resulting from our proven negligence nor any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
· You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access ChemPeople.
· We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent ChemPeople assign or dispose of this Agreement.
9. Term Variations
Any changes to these Terms & Conditions will be made available via an announcement on ChemPeople at least 7 days in advance of the changes taking effect. You will be deemed to have agreed to these changes, if you do not send an email to us disagreeing with such changes within 7 days of being made “aware” of the changes. “Aware” shall be deemed to have occurred if you access ChemPeople at any time after the announcement is made. Should we be unable to resolve the disagreement to your satisfaction, you are at liberty to remove your details and request a refund. Any refund due shall be strictly limited to a refund of subscription fee paid and will be paid in GBP £ pro-rated from the date of joining to date the request of refund occurs.
10. Force Majeure
You acknowledge that your use of ChemPeople may be subject to interruption or delay. We do not give you any warranty that ChemPeople or the services offered through it will be error free, without interruption or delay, or free from defects in design or engineering.
11. Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to ChemPeople (including the material which is contributed by Members) is owned by ChemPeople and may not be reproduced in any way. Notwithstanding items covered in the clause 6. Material – General, you may not at any time copy, save electronically or otherwise, distribute, show in public or create any derivative work from ChemPeople, or any of the material which is found on ChemPeople unless properly licensed to do so by us. We reserve the right to prosecute any suspected infringements of this clause to the full extent permissible by law.
12. Jurisdiction
This agreement and your use of ChemPeople shall be interpreted in accordance with the laws of England, and you agree to irrevocably attorn to the non-exclusive jurisdiction of the courts of England.
13. No Advice
While members may express their opinions about various issues on this site, no opinions shown or any advice given is that of ChemPeople and should not be construed as such under any circumstances. Members should not base any decision upon material appearing on this site without independent verification of its validity, accuracy, truth or applicability to their given situation.
14. Other
This Agreement is the whole of the agreement between us and you concerning ChemPeople and they replaces any and all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement
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