Terms and Conditions
CHEMMONITOR.COM Website User Agreement for Online Services Provision
The User Agreement for Online Services Provision (“this Agreement”) is between Chemmonitor.Com (“Company”) and any customer(s) (“Customer”), that may each be referred to herein individually as a “Party” or, collectively, as the “Parties”. This Agreement describes the terms and conditions under which the Company renders services (“Services”) to the Customer that has expressed willingness to use our website (“Website”). The use of the Website and the Services by the Customer means complete acceptance, without exclusion, of the below terms and conditions which refer to all individuals and/or entities accessing the Website for any reason. If you do not hereby agree to the terms and conditions of this Agreement, do not use the Website and Services.
Apart from the terms and conditions, this Agreement includes the following appendices:
- Appendix 1. Website Rules of Conduct
- Appendix 3. Orders/Return Policy
As used in this Agreement, the following terms shall have the following definitions:
a. “Company” means Chemmonitor.Com company (which is the legal entity under the jurisdiction of England), as well as its legal successors or cessionaries.
b. “Website” means the Company’s Internet website which caters for technical and informational support of the Parties to this Agreement and which is located at the following address: www.chemmonitor.com. The Website contains chemical market news as well as other business and economic news, pricing and analytical information, contents of Reports, programs of conferences and exhibitions, as well as other information.
c. “Free Access Content” means free access to shortened versions of news, pricing and analytical information, contents of Reports, programs of conferences and exhibitions, which is available to any User visiting the Website.
d. “Subscription Content” means full text daily news, pricing information, as well as any other information made available by the Company to all Subscribers.
e. “User” / Users” means any entity(ies) or individual(s) whatsoever using the Website Services in any form.
f. “Customer” / “Customers” means any User(s) whatsoever placing an Order, and/or subscribing to the news and pricing information subject to the terms and conditions of the Standard Procedures indicated on the Website.
g. “Subscriber” means any Customer who has subscribed to the Subscription Content.
h. “Developer” / “Researcher” means any physical or legal entity whose Report is displayed on the Website.
i. “Author” / “Editor” means any physical or legal entity whose news or pricing or analytical information are displayed on the Website.
j. “Parties” include any Company, Customer(s), Subscriber(s), Developer(s), Author(s), Editor(s) or User(s) hereunder.
k. “Report” / Reports” means any complete market research report, analytical review, or other market research products or materials drawn up by the Developer.
l. “Order” / “Orders” means any instruction or instructions of public or private character relating to the purchase of the Report(s) by the Customer(s) and placed on the Website in accordance with the Standard Procedures for Order placing indicated on the Website. A physical or legal entity that has placed the Order is deemed to be a Customer under this Agreement.
m. “Additional Services” means any fee-based services provided by the Company to User(s).
n. “Website Standard Procedures” means technically and logically realized course of actions and routine to assist cooperation between the Parties under this Agreement.
o. “Website Rules of Conduct” means the rules which govern all possible interactions between Users of the Website (please see Appendix 1).
2. Purpose of this Agreement
This Agreement is intended to provide User(s) with an opportunity to place Orders on the Website and convey the Reports to the Customers via the Website venue and/or other human/technical resources available to the Company and/or its partners, as well as subscribe for the Subscription Content and any other services pursuant to the terms and conditions set forth in this Agreement.
3. Conclusion of this Agreement
Any use by the User of the resources and Services of the Website, including any access to Free Access Content, Subscription Content, placing Orders, and/or any other use of the Website and/or information and/or its resources means that the User agrees to comply with all terms and conditions set forth in this Agreement.
4. Rights of the Customer
Subject to the Website Standard Procedures, the Customer has the right to:
1. place the Order;
2. elaborate and clarify the terms and conditions of Services provision by consulting with the Company;
3. receive the Report(s);
4. order Additional Services;
5. cancel the Order prior to the Report receipt, subject to the Website Rules of Conduct and this Agreement;
6. enjoy any rights of Subscriber, listed in Section 5 of the Agreement, if applicable.
5. Rights of Subscriber
Subject to the Website Standard Procedures, the Subscriber, in addition to the rights of the Customer, has the right to:
1. choose any of the following subscription options:
- 1 year subscription – the effective fee is established by the Company and is displayed on the Website;
- 1 month subscription – the effective fee is established by the Company and is displayed on the Website;
- 4 week free trial subscription – free;
2. during the subscription validity period get unrestricted access to the Subscription Content;
4. unless the subscription is duly terminated by the Subscriber or by the Website, continue accessing Subscription Content on the terms of 1 month subscription after expiration of previous subscription period;
5. extend subscription for additional period, order Reports and Additional Services, obtain additional information;
6. obtain special personal discounts for subscriptions, Reports and Additional Services rendered by the Company, participation in conferences and exhibitions.
6. Responsibilities of the Customer and/or Subscriber
1. The Customer and/or Subscriber shall abide by all terms and conditions of this Agreement and Website Rules of Conduct.
2. The Customer shall not place any Orders which may violate the effective legislature of the Customer’s country of registration.
3. The Customer and/or Subscriber shall not circumvent the Company by placing any contact details (including but not limited to telephone number, postal address, e-mail address or other communications data assisting contact) in any Website area with open public access, if these data may be used for the direct link between the Customer and the Developer without the Company participation;
4. The Customer and/or Subscriber shall provide the Company with the right to use at no expense any information placed by the Customer or User at the Website, subject to confidentiality rules described in Clause 7 of this Agreement.
5. The Customer and/or Subscriber shall hereby agree to commit in a bona fide manner to the fulfillment of all responsibilities arising from the use of the Services, subscriptions and Additional Services offered on the Website.
6. The Customer and/or Subscriber shall not apply any software, robot, device or any other automated or manual process, to monitor, copy, or otherwise publicly display any content of the Website without the written permission from the Company.
7. The Customer and/or Subscriber shall not copy, transmit, present, reproduce, alter, expand, distribute (including public distribution), transform into other related products (derivatives), or otherwise use in commercial or other purposes the content of the Website (in whole or in any part) without first obtaining the written permission from the Company.
8. The Customer and/or Subscriber shall not use any devices, software or other means that might disturb the operation of the Website as per the Standard Procedures.
9. The Customer and/or Subscriber shall not engage in any activities that pose unreasonable or excessive load on the Website infrastructure.
10. The Customer and/or Subscriber shall not make multiple printouts or copies of any of the Subscription Content, Reports or Additional Services for distribution to third parties;
11. The Customer and/or Subscriber shall not re-sell any part of the Subscription Content, Reports or Additional Services to others;
12. The Customer and/or Subscriber shall not make the Subscription Content, Reports or Additional Services available to any third party on a local area network, a wide area network or on any intranet or extranet;
13. The Customer and/or Subscriber shall not use the Subscription Content, Reports or Additional Services for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Subscription Content, Reports or Additional Services to send any unsolicited promotional or advertising material, or any volume messages which may interfere with the provision of the Subscription Content, Reports or Additional Services or the enjoyment of the Subscription Content, Reports or Additional Services by other Users.
7. Rights of the Company
The Company reserves the right to:
1. impose, cancel and alter, in its sole discretion, the fees for the Subscription, Additional Services, subject to Clause 8 of this Agreement;
2. edit and/or delete any contributions, comments or other entries (including Orders) made by User(s) if these entries violate and/or contradict to this Agreement, infringe upon the laws valid in the country(ies) of the User and the Company, as well as in other cases at the Company’s discretion;
3. use and distribute any data provided by Users, subject to Clause 13 of this Agreement. The use of such data is based on non-exclusive rights and is exempt from time and geographical limitations;
4. deny access, refuse to respond, or otherwise limit usage of the Website, for any reason, at any time;
5. charge Subscribers for prolongation of subscription, including automatic prolongation, pursuant to paragraph 4 of Clause 5 herein according to effective fees for subscription;
6. terminate subscription at any time in case Subscriber violates terms and conditions set forth in present Agreement;
7. provide Customers, Subscribers with individual discounts for subscriptions, Reports and Additional Services rendered by the Company, participation in conferences and exhibitions;
8. provide Customers, Subscribers with additional information on conferences, exhibitions, other information, in its sole discretion;
9. place advertisement or any commercial information on the Website.
8. Responsibilities of the Company
1. The Company shall provide each and every User with an access to Free Access Content. However, due to the nature of the Internet and network connections, the Company cannot and does not guarantee the availability, functionality, or speed of access to the Website.
2. The Company shall provide each and every Subscriber with an individually-authorized access to the Subscription Content as well as information designated for this Subscriber. However, due to the nature of the Internet and network connections, the Company cannot and does not guarantee the availability, functionality, or speed of access to the Website.
3. The Company hereby agrees to accept, process and place Orders on the Website.
4. The Company shall render Additional Services to Users, subject to the payment made.
5. The Company shall duly provide the required support to maintain the interaction and mutual transaction between the Parties, subject to this Agreement.
6. In the event the payment for the Subscription or Additional Services is imposed/altered/cancelled, the Company shall notify Users in advance by changing relevant documents and by posting special notices in the appropriate areas of the Website. Should any changes occur in the terms and conditions of this Agreement or Website Rules of Conduct, the above notification procedure shall be used. When applicable, direct e-mailing can be applied.
7. The Company shall not disclose any information (including e-mail addresses) obtained from the Users to third party(ies) for the purpose of preventing any “spamming” (unwanted and unsolicited e-mails).
9. Liabilities of the Parties
1. In the event of any breach or violation of the terms and conditions of this Agreement, the Parties agree to comply with the legislature used in the countries of their location (registration).
2. The Users are liable for authenticity and validity of the data submitted to the Company in conformity with the legislature applicable in the countries of their location (registration).
3. In the event the Company becomes aware of the serious breach by the User of the terms and conditions of this Agreement, the Company, in its sole discretion, may impose the following sanctions against such User: warning, warning and Subscription Content access limitation, Website access termination. Such User is informed about the sanctions by e-mail and/or telephone.
10. Limitation of Liability
1. The Company shall not be held liable for the quality or topicality of the Reports purchased by Users via the Website. The Company makes no commitment to update the information contained on the Website.
2. The Company shall not be held liable for quality, topicality, content, accuracy, copyrights of any news, analytical information, pricing information, information on conferences or exhibitions, as well as any other information provided to the Company by Authors or Editors, or any third party including cases when placing of this information infringes or violates rights of any third party. Authors, or Editors, or any third party, that provided the Company with respective news, analytical information, pricing information, information on conferences or exhibitions, shall be held liable for their quality, topicality, content, accuracy, copyrights or any other possible infringements or violations of any third party’s rights by placing of such information.
3. The Company is responsible for the interaction of Users only when the Company is directly involved in the actual transaction between Users.
4. The Company is not liable for the accuracy and legality of the information made available by Users and posted online or otherwise distributed through the Website.
5. The Company is not liable for the payment by Users of any taxes levied when they purchase Reports or order Additional Services.
6. The Company cannot and does not guarantee against the Website operation breaks, Services provision delays, loss of information, data, or pictures residing on its computers, resulting from hardware and software breakdowns, and/or human error. Having that stressed, the Company will make all reasonable effort to eliminate such delays, breaks or losses.
1. Online offers arising from this Agreement are effective without limits and continue until the moment of their vivid termination.
2. Time periods during which the Reports shall be provided are indicated on the report description page and/or agreed directly with Customers while the Order is discussed.
3. If the provision of the Report is delayed, the Company shall duly inform the Customer. Further, the Parties agree upon the new terms for the Report provision or decide to cancel the Order.
12. Ordering and payment method
2. The company accepts as valid forms of payment the following: bank transfer via SWIFT, credit cards via online credit card processing company 2Checkout Inc.
3. The delivery of the Report to the Customer/Subscription Content access is executed only after the receipt of the full payment for the Report/Subscription.
4. Should the User order the Additional Services, the payment for them is performed in the same manner as for the ordered Report/ Subscription.
1. The information the User provides in registration remains strictly confidential to all third parties other than User partner(s) in specific deals. The same applies to the User information obtained during editing contact details. The Company will not release this information to any other parties, unless required by relevant laws.
2. The above liability indicated in Clause 13.1 is not applicable to User pseudonyms (or pseudo names) and to the information which User has expressly displayed as open to public access in appropriate Website portions and forms.
3. The above liability indicated in Clause 13.1 does not also apply to the information on User’s behavior on the Website as well as to the comments and notices made by the User in relevant Website areas and related to the Website or other User(s).
4. The User shall not disclose its password to any third party. If the password information becomes available to any third party, the User shall immediately change the password. Otherwise, the Company is not liable for the Services rendered to the User.
5. The User shall not disclose to any third party information on other Users, which the User has collected from or via the Website.
Each Party herein is solely responsible for the compliance with the obligations hereunder, as well as with terms and conditions publicly declared and/or agreed directly with its partner(s).
15. Force majeure
1. Neither Party shall be liable for any failure or delay in performance under this Agreement if such failure or delay is caused by conditions beyond its control, i.e. force majeure circumstances, including but not limited to the Acts of God.
2. The Party affected by force majeure circumstances shall give the other Party(ies) a prompt written notice (including by fax) of the character, nature and expected duration of these circumstances, as well as indicate which obligations are affected and provide a sufficient confirmation of force majeure circumstances. If the duly notification is failed, nonliability due to force majeure circumstances could not be claimed.
3. In the event of the force majeure circumstances which prevent any Party from the execution of its duties as per this Agreement, dates by which performance obligations are scheduled to be met will be extended for a period equal to the time during which such circumstances are effective. If force majeure circumstances are effective for the period of more than two months, the Parties, at the suggestion of a Party, shall agree further ways of this Agreement execution and/or termination.
1. The User may unilaterally terminate the performance of this Agreement by informing the Website Administration by telephone or by e-mail. In the event of this, the User automatically loses the right to use the Services provided by the Website.
2. The Company, in its sole discretion, reserves the right to terminate this Agreement, any particular service offered at any time, for any reason including but not limited to: breach of the above terms, failure to follow the Website Administration direction, failure to complete transactions, abuse of any methods, tools, or services provided, use of profanity, racial slurs, hate speech and disruptive behavior.
1. All copyright and other rights in the Report(s) purchased by the User shall remain the property of the Developer. The circulation of the purchased Report(s) is permitted only within the User’s company or for non-commercial purposes only. “Non-commercial purposes” herein shall mean purposes which are not for the benefit of any commercial third party. The User shall not pass the Report, in whole or in any part, to third parties without first obtaining the written permission from the Developer.
2. This Agreement is governed by the laws of England.
3. All disputes arising out of, or relating to this Agreement, should be first settled out of Court through negotiations. If disputes or claims relate expressly to the quality of the Report(s), the User shall address such claims directly and solely to the Developer. If disputes or claims relate expressly to the content of the Website, the User shall address such claims directly and solely to the Authors, Editors of such information or to other third parties, that provided the information to the Company.
4. If any disputes, discrepancies or claims arising out of, or relating to this Agreement, including those pertaining to its performance, violation, termination or invalidity, are not settled in conformity with Clause 17.3, this case should be settled in Court of England.
5. The Company may amend this Agreement at any time by posting the amended version of this Agreement on the Website. In addition, the Company will post notices on frequently visited areas of the Website. All amended terms shall automatically become effective after their publication, unless otherwise stated.
6. In the event of disagreement with the amended version of this Agreement, the User may unilaterally terminate the performance of this Agreement by informing the Website Administration by telephone or by email. In this case, the User automatically loses the right to use the Services provided by the Website. If the User continues to use the Services of the Website in any way, this means that the User agrees to the amended (new or current) version of this Agreement.
7. Unless otherwise stated, all messages to the Administration of the Website should be e-mailed to the following address: firstname.lastname@example.org
Unless otherwise stated, all messages to the User should be emailed to the address indicated under registration.
18. Refund Policy
Due to the nature of information products and the ease with which their value can be transferred, we do not accept returns under any circumstances. However, we will do our best to accommodate return requests and handle each on a case-by-case basis.
19. Contact details
Central House, 582-586 Kingsbury Road
Birmingham B24 9ND
Tel: +44 (20) 7558-8740
Fax: +44 (20) 7900-3970
Appendix 1 to the Website User Agreement for Online Services
Website Rules of Conduct
1. The Website is owned by the Company.
2. The Users provide the Company with information by the following means:
a. filling in the Subscription Form on the Website;
b. filling in the Order Form on the Website;
c. communicating with other Users via the Website.
d. placing data in any accessible area of the Website;
e. e-mailing to the Company.
3. The information posted by the User(s) to the Company shall not:
a. be false, inaccurate or misleading;
b. lead to fraud, cheating or malpractice;
c. breach third party property, commercial secrets or privacy;
d. contain data offending honour, dignity or business reputation;
e. involve slander and/or threats in relation to anyone or sound otherwise objectionable;
f. encourage or condone racial hatred or criminal activities;
g. include vulgarity, adult content, swear words and other language likely to offend;
h. carry computer viruses or other computer programmes that may cause damage, unauthorized access, unlawful interception/appropriation of data from any system, appropriation of a system itself (in whole or partially), unapproved acquisition of personal or other data (including data owned by the Company and incorporated in the Website);
i. foster activities harmful to the Company and the Website, including actions that may lead to partial or full termination of services rendered by Internet and other service providers.
j. contain advertising materials, unless otherwise agreed with the Company.
k. otherwise break laws and Website Rules of Conduct.
4. The information shared between Users, including the data displayed in frequently visited areas of the Website and transmitted on a User-to-User basis, shall not include contact details such as phone numbers, postal and email addresses or any other particulars that might assist direct link between Customer and Developer in circumvention of the Company. The only exception from this rule is paid-for advertisements placed by the User subject to agreement with the Company.
5. The User hereby endows the Company with the right to use, at no expense to the Company, all data provided by the User to the Company (such data may include existing and future intellectual property rights). The use of these data is subject to the terms and conditions of this Agreement; such use is based on non-exclusive rights and is exempt from time and geographical limitations. The Company may concede the above rights to third parties.
6. The Company has a right to apply any storage media (that currently exists and may appear in future) to operate with the data provided by the Users. The use of these data is subject to the terms and conditions of this Agreement.
Appendix 2 to the Website User Agreement for Online Services
In order to receive access to Subscription, it is required to fill in the Subscription application form on the Website.
Click ‘Subscribe’ on any page of website. Then fill in the Subscription application form and submit it on-line. After the registration is processed successfully, you receive an e-mail with account details to log in to website.
Reports ordering is performed online at Website or redirected to partners’ websites www.marketpublishers.com or www.mcgroup.co.uk
Click ‘Add to basket’ on the page with the Report(s) that you wish to purchase. As a result, the selected Report(s) will be added to the basket. Then you can make a final Order by clicking ‘Checkout’. You will be offered available payment methods. Please choose the appropriate one and follow the next instructions. Your Personal Consultant will contact you within 24 hours and will execute the delivery of the Report(s) to the address you indicated.
3. Delivery moment
Report is delivered only after full payment arrives.
Appendix 3 to the Website User Agreement for Online Services – ORDERS/RETURN POLICY
Once you place an order for a product listed on our website, payment for that product becomes due and owing immediately. Notwithstanding the fact that the product will not be despatched until monies are received in full, you are liable to pay to Chemmonitor.Com all monies due on foot of the order. Once we receive your order, we have to purchase the product from the publisher, process the payment and arrange the shipping. Because of this element of work involved, we regret that it is not possible for an order to be cancelled once it is submitted. Chemmonitor.Com will not be responsible for any delay or failure to comply with our obligations under our contract with you where such delay or failure arises from any cause which is beyond our reasonable control.
The nature of the information being sold means that Chemmonitor.Com cannot accept returns of products once they have been dispatched.
As a distributor of content published and supplied by third parties, Chemmonitor.Com has no editorial control over said content. Such content expresses the opinions, the advice, the services, the offers, the statements, or other information of the authors, and not of Chemmonitor.Com
Website’s web server identifies the domain name and IP address of each User, but not the e-mail address. Website’s log files collect and store domain name information. The Company also tracks information, in aggregate, on pages and features that Users access.
Company does not sell such information to any third party. The information collected in such manner may be used only for internal audits, statistical analysis, product development and advertising sales efforts. The Company may disclose site usage information to third parties only in aggregate.
Subscribers to Subscription Content as well as Additional Services are asked to provide personally identifiable information (name, e-mail address, job title, company). Company does not share this information with third parties.