General Terms and Conditions:
May 21st 2018
Biotrends HK Co., Limited, hereafter referred to as Biotrends, provides its services to you, subject to the following terms which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Service at any time in this document.
Description of Service: Biotrends Private Store is a web site facilitating the procurement of custom items produced exclusively for the members to conduct experimentation and studies (the Service). The Service may include certain communications from Biotrends, such as service announcements and administrative messages, and that these communications are considered part of Biotrends membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Biotrends products shall be subject to the General Terms and Conditions .
Use of the Service: you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s sign-up (such information being the Sign-Up, Billing and Shipping Data) and (b) maintain and promptly update the Sign-Up, Billing and Shipping Data to keep it true, accurate, current and complete. Any false claim will be grounds for termination of your membership.This information is stored securely within Biotrends servers and will only be used by Biotrends for facilitating The Service or sending you communications as deemed necessary for conducting The Service.
Security: Biotrends Private Store incorporates 256bit SSL encryption throughout all pages, submissions, transactions and communications. Biotrends maintains its own servers with extensive firewall protection and redundancy to safeguard its and your private information. Registered Biotrends members establish a user name and password upon registration. Members are responsible for maintaining the confidentiality of their password and account. A member should immediately notify Biotrends of any unauthorized use of their password or account or any other breach of security that they may become aware of. It is the members responsibility to ensure that they exit from / log out of their account at the end of each session. Biotrends will not be held responsible or liable for any loss or damage arising from your failure to comply with these security practices.
Special Admonitions for International Use: Recognizing the global nature of the Internet, you agree to comply with all local laws of your country or territory of connection regarding online conduct and the use, handling, exporting and importing of any items purchased from Biotrends. You, the user, are solely responsible for any import, sales Duties or VAT tax that are levied by your country, state or territory.
Dealings with Other Businesses or Individuals: Your correspondence or business dealings with, or participation in promotions of Biotrends products outside of this service , including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such business or individual. Biotrends may not be enjoined as a third party to any legal actions between such a person and their acts with a business / individual. This includes but is not limited to courier services selected by you for delivery of the product/service.
Links: Third parties may provide links to resources or external sites may point to the Biotrends service. Because Biotrends has no control over such sites and resources, you acknowledge and agree that Biotrends is not responsible for the content, resources or information, and does not endorse, is not responsible or liable for any content, advertising, products, or other materials on, or available from, such sites or resources. You further acknowledge and agree that Biotrends shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. BIOTRENDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BIOTRENDS MAKES NO WARRANTY THAT (i.) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii.) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii.) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv.) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY GOODS OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGED OCCURED THROUGH YOUR EXPERIMENTATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIOTRENDS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIOTRENDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIOTRENDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i.) THE USE OR THE INABILITY TO USE THE SERVICE; (ii.) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii.) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv.) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v.) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE PREVIOUS TWO SECTIONS MAY NOT APPLY TO YOU.
Trademark Information: Biotrends, the Biotrends logo, Biotrends in Chinese characters, Circular pattern and other Biotrends logos and product and service names are trademarks of Biotrends. Without Biotrends’s prior explicit and written permission, you agree not to display or use in any manner, the Biotrends Marks.
Copyrights and Copyright Agents: Biotrends respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Biotrends’s Copyright Agent the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Biotrends’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Biotrends HK CO., Limited F1, 202, F/2, Hang Fung Industrial Buidling, 2G Hok Yuen Street, Hung Hom, Kowloon, Hong Kong.
Capitalized Terms and Sections Headers:Capitalized terms not otherwise defined in this agreement shall have the meanings given thereto in the context of their paragraph of first appearance. In the event there is any conflict between the meanings given to capitalized terms herein and those in subsequent paragraphs, the meanings given thereto in the first paragraph of appearance shall prevail. The headings used in this agreement are for convenience of reference only and shall not affect the constructions of or be taken into consideration in interpreting this agreement.
Confidentiality:Each party agrees that, without the prior consent of the other, it shall not disclose the contents of this agreement or any agreement, instrument, or other document executed and delivered by either party in connection with this agreement to any person, except that each may make any such disclosure as required to do so by any law, court or regulation.
In this agreement, unless otherwise stated:
(a) a reference to: (i) the singular includes the plural and vice versa; (ii) a gender includes all genders; (iii) a person, corporation, trust, partnership, unincorporated body or other entity included any of them; (iv) a party to this Agreement or another agreement or document includes the party’s successors and permitted substitutes or assigns; (v) writing includes a facsimile transmission and any means of reproducing words in a tangible and permanently visible form; (vi) conduct includes an act, omission, statement, or undertaking, whether or not in writing.
(b) Other grammatical forms of a defined word or phrase have a corresponding meaning.
Reliance: Each party acknowledges that, in agreeing to enter into this Agreement, it has not relied on any express or implied representation, warranty, collateral contract or other assurance (except those set out in this Agreement and the documents referred to in it) made by or on behalf of any other party but nothing in the foregoing shall limit or exclude any liability for fraud.
Notice: (1) Any notice or other communication to be given under this agreement shall be given in writing [in English] and may be delivered via email or sent by prepaid [first class/recorded delivery/airmail] post or fax to the relevant party to the address given.
(2) Any notice or document shall be deemed to be given:
(a) if delivered by e-mail with return receipt; or
(b) if sent by post, at 10.00 a.m. on the [second] Business Day after it was put into the post, if sent within the jurisdiction, or at 10.00 a.m. (local time at the place of destination) on the fifth Business Day after it was put into the post, if sent by airmail;] or
(c) if sent by fax, on the date of transmission if transmitted before 3.00 p.m. (local time at the place of destination) on any Business Day, and in any other case on the next Business Day following the date of transmission.
(3) In proving service of a notice or document it shall be sufficient to prove that delivery was made or that the envelope containing the notice or communication was properly addressed and posted or that the fax was properly addressed and transmitted. The provisions of this clause shall not apply to the service of any writ, summons, order, judgment or other document relating to or in connection with any legal proceedings.
Language : The authentic text of the General Terms and Conditions is in English. Where any capitalized term in this agreement is required to be interpreted, it shall follow the definition attributed under (whatever dictionary you may want).
General Information and Governing Law:This constitutes the entire agreement between you and Biotrends and governs your use of the Service, superseding any prior agreements between you and Biotrends. The Service and the relationship between you and Biotrends shall be governed by the laws of Hong Kong (PRC) without regard to its conflict of law provisions. You and Biotrends agree to submit to the personal and exclusive jurisdiction of the courts located within Hong Kong (PRC: Notwithstanding any other provision in this agreement to the contrary, no full or partial failure to exercise and no delay in exercising, on the part of a party, any right, remedy, power or privilege permitted hereunder shall operate in any way as a waiver thereof by such party, regardless of the frequency of such failure or delay. If a provision of this Agreement is found by a court of competent jurisdiction to be or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: 1) the validity or enforceability in that jurisdiction of any other provision of this agreement; or 2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement. The parties further agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.