Terms and Conditions
1.1.1 Purchased ProductMol-Instincts hereby grants to the Buyer the non-exclusive, non-transferable, perpetual right to use of the Mol-Instincts data and provide the Purchased Product to the Buyer subject to the terms and conditions of this Agreement.
1.1.2 Authorized UsesThe Buyer may download, access and view the Purchased Product. Buyer is authorized to download additional copies of the Purchased Product and to transfer them to other electronic devices of the Buyer, solely for the purposes of research and publication. Mol-Instincts permits that the Buyer may copy, paste, and/or print the Purchased Product contingent upon the proper citation in the Buyer’s academic publication.
1.1.3 Restrictions on Use of the Purchased ProductExcept as expressly permitted in writing by Mol-Instincts, the Buyer may not:
• Reproduce, distribute, transfer, sell, rent, lease or lend the Purchased Product; or
• Post individual items from the Purchased product on social networking sites.
1.1.4 Intellectual Property OwnershipThe Buyer acknowledges that all right in the Purchased Product remain with Mol-Instincts and that the redistribution of the Purchased Product could materially harm Mol-Instincts.
1.2 SECTION 2. MOL-INSTINCTS PERFORMANCE OBLIGATIONSMol-Instincts will make the Purchased Product accessible to the Buyer via the link emailed by Mol-Instincts. The Purchased Product will be accessible for download for the Contract period as of the date that the Buyer completes the purchase and receives the confirmation e-mail after payment thereon.
1.3 SECTION 3. BUYER PERFORMANCE OBLIGATIONS
1.3.1 Protection from unauthorized access and useThe Buyer shall use reasonable efforts to:
- ensure the Purchased Product to be utilized merely by Buyer for its personal use and Buyer should not divulge it to any third party; and
- immediately upon becoming aware of any unauthorized use of the Purchased Product, notify Mol-Instincts and take due measures to ensure that such activity ceases and to prevent any recurrence.
1.4 SECTION 4. FEES AND PAYMENT TERMSThe Buyer shall pay to Mol-Instincts the fees (the “Fees”), to use of the Purchased Product at the rates in effect when the charges were incurred. Refunds are not available once the Buyer receive the data via email. If technical problems prevent or unreasonably delay delivery of the Purchased Product, the exclusive and sole remedy is either replacement or refund of the Fees, as determined by Mol-Instincts.
1.5 Refund PolicyDue to the nature of our product we have a no refund policy. Unlike physical goods, electronically distributed material may be duplicated and once a purchase has been made, it is impossible for us to recall our data. As a result, we are unable to offer refunds once you have purchased. There are NO EXCEPTIONS to this policy.
1.6 SECTION 5. MOL-INSTINCTS WARRANTIES AND INDEMNITIES
1.6.1 WarrantiesMol-Instincts warrants that use of the Purchased Product in accordance with the terms and conditions herein will not infringe the intellectual property rights of any third party.
1.6.2 IndemnitiesMol-Instincts shall indemnify, defend and hold harmless the Buyer from and against any loss, damage, costs, liability and expenses (including reasonable attorneys’ fees) arising from or out of any third-party action or claim that use of the Purchased Product in accordance with the terms and conditions herein infringes the intellectual property rights of such third party. If any such action or claim is made, the Buyer will promptly notify and cooperate with Mol-Instincts. This indemnity obligation shall survive the termination of this Agreement.
1.6.3 DISCLAIMER OF WARRANTYMol-Instincts provides the data on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the data and assume any risks associated with your exercise of permissions under this License. Except for the express warranties and indemnities stated herein and to the extent permitted by applicable law, in no event shall Mol-Instincts be liable for any indirect, incidental, special, consequential or punitive damages including, but not limited to, loss of data, business interruption or loss of profits, arising out of or in connection with this agreement, or shall the liability of Mol-Instincts and its suppliers to the buyer exceed a sum equal to the fees paid by the buyer hereunder, even if Mol-Instincts or any supplier has been advised of the possibility of such liability or damages.
1.6.4 LIMITATION OF LIABILITY AND RELEASETo the maximum extent permitted by applicable law, in no event and under no legal theory (contract, warranty, tort or otherwise) will Mol-Instincts be liable for any direct, indirect, special, incidental, punitive, exemplary, consequential or other damages incurred by you and in any way arising out of or related in any way to these terms and conditions (including, without limitation, your use of, or inability to use, the site or any damages you may incur in connection with any decision made, action, or inaction, taken by you or any other party, in reliance upon the information or for the reliability, accuracy, completeness or timeliness thereof, or for any delays or errors in the transmission or delivery of any part of the information or services), even if advised of such damages.
In addition to and without limiting the foregoing, Mol-Instincts shall not be liable for any harm caused by the transmission, through the site of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the site or any of your software, hardware, data or property.
1.7 SECTION 6. RISK OF LOSSRisk of loss for the Purchased Product transfers when the Buyer downloads or accesses the Purchased Product.
1.8 SECTION 7. GENERAL
1.8.1 Force MajeureNeither party’s delay or failure to perform any provision of this Agreement as a result of circumstances beyond its control (including, but not limited to, war, strikes, fires, floods, governmental restrictions, power failures, telecommunications or Internet failures or damage to or destruction of any network facilities or servers) shall be deemed a breach of this Agreement.
1.8.2 SeverabilityThe invalidity or unenforceability of any provision of this Agreement shall not affect any other provisions of this Agreement.
1.8.3 Entire AgreementThis Agreement contains the entire understanding and agreement of the parties and merges and supersedes any and all prior and contemporaneous agreements, communications, proposals and purchase orders, written or oral, between the parties with respect to the subject matter contained herein.
1.8.4 Disputes ArbitrationAny dispute or claim relating in any way to the use of Buyer for any ChemEssen information or Service through ChemEssen will be resolved by binding arbitration, rather than in court. Any disputes out of or in connection with this contract shall be finally settled by arbitration in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the clauses of Terms and Conditions as a court would. The arbitrator shall not award either Party punitive damages and the Parties shall be deemed to have waived any right to such damages. The arbitrator may award the costs and expenses of the arbitration as provided in its arbitration rules, but each party shall bear its own attorney fees.
1.8.5 Applicable LawBy using any ChemEssen Service, Buyer agrees that the international arbitration rule, applicable to arbitration proceedings and the laws of the republic of Korea, without regard to principles of conflict of laws, will govern this Terms & Conditions and any dispute of any sort that might arise between Buyer and ChemEssen.
1.8.6 AssignmentThe Buyer shall not assign, transfer or license any of its rights or obligations under this Agreement unless it obtains the prior written consent of Mol-Instincts, which consent shall not unreasonably be withheld.
1.8.8 NoticesAll notices given pursuant to this Agreement shall be in writing and, if to Mol-Instincts, delivered to Mol-Instincts Inc., ChemEssen Inc. 1408, AceHighTechCity 2-Cha, 25 Seonyu-ro 13-gil, Yeongdeungpo-gu, 07282 Seoul, Republic of Korea., and if to the Buyer, delivered to the contact details identified on the Buy Now, or to such other address(es) as the party concerned shall have designated by notice hereunder.
Last revised: July 2019