Terms and Conditions
Last revised on December 02, 2013
1. Introduction, Scope, and Intent
The mission of IngredientsHub is creating virtual, international trade show focusing on food/beverage ingredients, equipment, innovations, and technologies. It is a unique global forum for promoting an exchange of expertise and essential innovations in food industry during 24 hours/day and 365 days/year. Curiosity, inspiration, and innovation are always the driving forces for us. To achieve our mission, we make services available through our Sites and Services or mobile applications designed especially and exclusively for people working in the food industry and related sectors or services. This application gives companies an opportunity to present their products and services on the virtual expo directly to potential customers. Today the IngredientsHub is a place where you can: meet people involved in the food industry, find ingredients and food equipment, learn about food processing techniques, discuss about labelling, certification, transport, storage, and safety issues, initiate and support your communication with trade partners, promote and push forward your B-to-B partnerships.
1.2. Application of Agreement
If you are using IngredientsHub 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 the IngredientsHub's User, do not enter into Terms and Conditions of Use, do not click “Create new account” and do not access, view, download or otherwise use any IngredientsHub' Sites or Services or information.
By clicking “Create new account” (or “Join IngredientsHub” or similar), you acknowledge that you have read and understood the terms and conditions of this Agreement and all documents referenced as Terms and Conditions of Use and that you agree to be bound by all of its provisions.
By clicking “Create a new account,” you also consent to use electronic signatures and acknowledge your click of the “Create new account” button as one.
You may not use the Sites or Services and may not accept the Terms and Conditions of Use if you are not of legal age in your country/region to use our Sites or Services or you are not permitted to receive any Sites or Services under the laws the country/region in which you are resident or from which you use the Sites or Services.
Your use of IngredientsHub’s Sites or Services, including our software, is subject to export and re-export control laws and regulations in many countries or regions. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving Republic of Seychelles origin products, including services or software.
You acknowledge and agree that IngredientsHub may amend any Agreement at any time by posting the relevant amended and restated Terms and Conditions of Use of the Sites or Services. By continuing to use the Sites or Services, you agree that the amended Terms and Conditions of Use will apply to you.
If the IngredientsHub has posted or provided a translation of the English language version of the Terms and Conditions of Use, you agree that the translation is provided for convenience only and that the English language version will govern your usage of the Services or the Sites.
The Terms and Conditions of Use may not otherwise be modified except in writing by an authorized officer of IngredientsHub.
The Terms and Conditions of Use may be amended from time to time with or without advance notice.
Sites or Services (or any features within the Sites or Services) may vary for different regions and countries. No warranty or representation is given that a particular Site or Service or feature or function thereof or the same type and extent of the Site or Service or features and functions thereof will be available for Users. IngredientsHub may in our sole discretion limit, deny or create a different level of access to and use of any Sites or Services (or any features within the Sites or Services) with respect to different Users.
The IngredientsHub reserves the right, without prior notice, to restrict access to or use of Sites or Services (or any features within the Sites or Services) to Users or subject to other conditions that IngredientsHub may impose in our discretion.
IngredientsHub may launch, change, upgrade, impose conditions to, suspend, or stop any Sites or Services (or any features within the Sites or Services) without prior notice except that in the case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
Some Services may be provided by ChemCon's subsidiaries, affiliated companies, suppliers, shareholders, directors, employees, agents, officers, and representatives (“IngredientsHub Affiliates”) on behalf of IngredientsHub. You may be required to enter into a separate agreement, whether online or offline, with the IngredientsHub or IngredientsHub Affiliates for any website or service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and Conditions of Use and an Additional Agreement, the Additional Agreement shall take precedence over the Terms and Conditions of Use only in relation to that website or service concerned.
2. Your Obligations, Responsibilities, and Rights
As a condition of your access to and use of the IngredientsHub's Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services.
User acknowledges and agrees that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
Each User represents, warrants and agrees that you have full power and authority to accept this Agreement and all documents referenced as Terms and Conditions of Use.
You agree to use the Sites or Services solely for your own business, private and internal purposes.
You agree that you will not copy, reproduce, download, republish, sell, distribute, exploit, expropriate or resell any Sites or Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites or Services (the “Site Content”).
You will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with IngredientsHub, or otherwise commercially exploiting the Site Content.
Systematic retrieval of Site Content from the Sites or Services to create or compile, directly or indirectly, collections, compilations, databases, directories or listings (whether through robots, spiders, automatic devices or manual processes) without written permission from IngredientsHub is prohibited. Use of any content or materials on the Sites or Services for any purpose not expressly permitted in the Terms and Conditions of Use is prohibited.
Each User further represents, warrants and agrees that you shall:
- conduct your business transactions with other Users of the Sites or Services in good faith,
- carry on your activities in accordance with the Terms and Conditions of Use and any applicable Additional Agreements,
- not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards,
- not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity,
- not rent, lease, loan, trade, sell/re-sell access to IngredientsHub's Sites or Services or any information therein, or the equivalent, in whole or part,
- not sell, sponsor, or otherwise monetize the Sites or Services or any other service or functionality of IngredientsHub, without the express written permission of ChemCon,
- not remove any copyright, trademark or other proprietary rights notices contained in or on IngredientsHub's Sites or Services, including those of both ChemCon and any of its licensors,
- not remove, cover or otherwise obscure any form of advertisement included on IngredientsHub's Sites or Services;
- not share information of non-Users without their express consent,
- not infringe or use ChemCon’s brand, logos or trademarks, including, without limitation, using the word “IngredientsHub” in any business name, email, or URL,
- not engage in spamming or phishing and not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc) or encourage or abet any unlawful activities,
- not adapt, modify or create derivative works based on IngredientsHub's Sites or Services or technology underlying the Sites or Services, or other Users’ Content, in whole or part, except as permitted under IngredientsHub’s Additional Agreement,
- not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information,
- not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Sites or Services, or any part thereof,
- not involve any scheme and any action to undermine the integrity of the data, systems or networks used by IngredientsHub and/or any User of the Sites or Services or gain unauthorized access to such data, systems, computers or networks,
- not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any Sites or Services,
- not use bots or other automated methods to access IngredientsHub's Sites or Services, add or download contacts, send or redirect messages, or perform other similar activities through Sites or Services, unless explicitly permitted by IngredientsHub,
- not access, via automated or manual means or processes, Sites or Services for purposes of monitoring IngredientsHub’s Sites or Services availability, performance or functionality for any competitive purpose,
- not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of IngredientsHub’s Sites or Services,
- not attempt to or actually access Sites or Services by any means other than through the interfaces provided by IngredientsHub such as its mobile application or by navigating to http://ingredientshub.com using a web browser. This prohibition includes accessing or attempting to access Sites or Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including our Sites or Services,
- not attempt to or actually override any security component included in or underlying Sites or Services,
- not interfere or disrupt or game the Sites or Services, including, but not limited to, any servers or networks connected to IngredientsHub's network, or IngredientsHub's search algorithms,
- not undertake any action which may undermine the integrity of IngredientsHub’s messaging, feedback system or another communication system, such as leaving positive feedback or message or opinion for yourself or your User content using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another User,
- not imply or state, directly or indirectly, that you are affiliated with or endorsed by IngredientsHub unless you have entered into a written Additional Agreement with IngredientsHub (this includes, but is not limited to, representing yourself as an accredited IngredientsHub representative if you have not been certified by IngredientsHub as such),
- not engage in any activities that would otherwise create any liability for IngredientsHub or IngredientsHub Affiliates.
The user may not use the Services and User account to engage in activities which are identical or similar to IngredientsHub’s e-commerce marketplace business.
If User provides a business referee, User represents, warrants and agrees that you have obtained all necessary consents, approvals, and waivers from your business partners and associates to act as your business referee, post and publish their contact details and information, reference letters and comments on their behalf; and that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
IngredientsHub may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' websites. You are cautioned to read such websites' terms and conditions and/or privacy policies before using the websites. You acknowledge that IngredientsHub has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.
2.2. Sites and Services eligibility
To be eligible to use the Sites and Services, you must meet the following criteria and represent and warrant that you:
- are 18 years old or older,
- are not currently restricted from the Sites or Services, or not otherwise prohibited from having the IngredientsHub account,
- are not a competitor of IngredientsHub or are not using the Sites or Services for reasons that are in competition with IngredientsHub,
- will only maintain one IngredientsHub account at any given time,
- will use your real name and only provide accurate information to IngredientsHub's Sites and Services,
- have full power and authority to enter into this Agreement and Terms and Conditions of Use and doing so will not violate any other agreement to which you are a party,
- will not violate any rights of IngredientsHub or third party, including intellectual property rights such as copyright or trademark rights,
- agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Sites or Services.
We grant you a limited, revocable, nonexclusive, nonassignable, no sublicensable license and right to access the Sites and Services, through a generally available web browser, mobile device or IngredientsHub authorized Paid Features or Functionalities (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of IngredientsHub or its Users), to view information and use the applications that we provide on Sites and Services and in accordance with this Agreement.
Any other use of IngredientsHub 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 IngredientsHub commercially unless expressly authorized by IngredientsHub) 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 IngredientsHub and all related items, including any and all copies made of the IngredientsHub's Sites or Services.
You acknowledge and agree that the Sites and Services may only be used by businesses and their representatives for business use purposes and not for individual consumers or for personal use.
2.3. License and warranty for your content
You own the information you provide IngredientsHub 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.
By posting or displaying any information, content or material (“User Content”) on the Sites or Services or providing any User Content to IngredientsHub or our representative(s), you grant a nonexclusive, irrevocable, perpetual, worldwide, unlimited, assignable, sublicensable, fully paid-up, royalty-free, and sub-licensable (through multiple tiers) license to IngredientsHub to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, copy, improve, remove, retain, add, process, analyze, and commercialize, in any way now known or in the future discovered, and otherwise use any or all of the User Content and any information you provide to IngredientsHub, directly or indirectly to IngredientsHub, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the Sites or Services, in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Sites or Services, the provision of any Sites or Services and/or the business of the User, without any further consent, notice and/or compensation to you or to any third parties. You confirm and warrant to IngredientsHub that you have all the rights, power and authority necessary to grant the above license.
You represent, warrant and agree that:
- you shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any User Content that you submit, post or display,
- any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”),
- you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
You further represent, warrant and agree that the User Content that you submit, post or display shall:
- be true, accurate, complete, lawful, current and it is not confidential, and not in violation of any contractual restrictions,
- be maintain and promptly amended to keep it current,
- do not contain confidential or proprietary information,
- not be false, misleading or deceptive,
- not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors,
- not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
- not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations,
- not violate the Terms and Conditions of Use or any applicable Additional Agreements,
- not contain any link directly or indirectly to any other website which includes any content that may violate the Terms and Conditions of Use.
IngredientsHub reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites or Services which we reasonably believe is unlawful, violates the Terms and Conditions of Use, could subject IngredientsHub or IngredientsHub Affiliates to liability or is otherwise found inappropriate in IngredientsHub’s opinion.
IngredientsHub is not under any obligation of confidentiality, express or implied, with respect to the User Content.
Any information you submit to us is at your own risk of loss.
The address you provide during opening the Business stand is the principal place of business of your business entity.
You acknowledge and agree that IngredientsHub shall not be required to actively monitor nor exercise any editorial control whatsoever over the User Content or content of any message or material or information created, obtained or accessible through the Services or Sites. IngredientsHub does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
You are not entitled to any compensation or reimbursement of any kind for User Content from IngredientsHub under any circumstances.
You agree to do not submit any software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Sites or Services or any User of IngredientsHub.
IngredientsHub may have something similar to the User Content already under consideration or in development.
2.4. License and warranty for your account
Upon registration on the Sites or Services, IngredientsHub shall assign an account and issue a User ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
A set of User ID and password is unique to a single account. Each User shall be solely responsible for maintaining the confidentiality and security of your User ID and password and for all activities that occur under your account. No User may share, assign, or permit the use of your User account, ID or password by another person outside of the User’s own business entity. User agrees to notify IngredientsHub immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
You agree to use your real name on your profile.
You agree to do not make available or initiate any content that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present.
You agree do not publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the About me field) or not to add to a content field content that is not intended for such field (e.g. submitting a telephone number in the Title field or any other field).
You agree to protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature. It is not required to publish them if you do not want.
You agree to do not upload a profile image that is not your likeness or a head-shot photo.
You agree that all activities that occur under your account (including without limitation, posting any company or product/service information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any content, access, functionalities or applications ("Paid Features"), sending messages or emails using the Sites or Services) will be deemed to have been authorized by the User.
The profile you create on IngredientsHub will become part of IngredientsHub and except for the information that you license to us is owned by IngredientsHub. However, between you and others, your account belongs to you. You agree to keep your password secure and confidential, not permit others to use your account, not use other’s accounts, not sell, trade, or transfer your IngredientsHub account to another party, and not charge anyone for access to any portion of IngredientsHub's Sites or Services, or any information therein.
You acknowledge that sharing of your account with other persons may cause irreparable harm to IngredientsHub or other Users of the Sites. User shall indemnify IngredientsHub or IngredientsHub Affiliates against any loss or damages (including but not limited to loss of profits) suffered as a result of the use of your account by other people.
You agree that in a case of the use of your account by other people without your permission or your failure to maintain the security of your account, IngredientsHub shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s account without liability to User.
It is your responsibility to keep your IngredientsHub profile information accurate and updated.
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 IngredientsHub’s Help Centre and contact with us.
IngredientsHub may cancel or terminate your User account if IngredientsHub has reasons to suspect that you have concurrently registered or controlled two or more User accounts. Further, IngredientsHub may reject User’s application for registration for any reason.
2.5. Indemnification from third party claims
You agree to 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 your failure to comply with this Agreement and Terms and Conditions of Use, including, without limitation, your submission of content that violates Third Party Rights or applicable laws, or caused by any content you submit to the Sites or Services, and any activity in which you engage on or through IngredientsHub's Sites or Services.
If you purchase any Services that we offer for a fee, either on a one-time or subscription basis (“Paid Features”), you agree to IngredientsHub storing your payment information. You also agree to pay the applicable fees for the Paid Features (including, without limitation, periodic fees for Business Stand, Premium Account, Exclusive Account, Product presentation and Service presentation) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your Paid Features.
Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates.
IngredientsHub does not support all payment methods, currencies or locations for payment.
If the payment method you use with us, such as a credit card, reaches its expiration date and you do not submit your payment method information or cancel your Paid Features, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts.
Your obligation to pay fees continues through the end of the subscription period during which you cancel your Paid Features. If you do not submit your payment before the end of the subscription period, IngredientsHub can unpublish your User Content or switch off Paid Features for you.
All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
You may cancel or suspend your Paid Features any time.
We do not guarantee refunds on any fees and charges related to your payments - including partially used periods or dissatisfaction. Also, please note that all of your Paid Features expire immediately after you cancel your account, so make sure you use all your messages and contacts before deciding to cancel.
You also acknowledge that IngredientsHub’s Paid Features are subject to this Agreement, Terms, and Conditions of Use and any Additional Agreements related to the provision of the Paid Features.
If you require a printed invoice for your transaction with us, you may access it from the top menu through My Business > My Orders > My Invoices or request one by contacting our Help Centre.
2.7. Notify us of acts contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
IngredientsHub may place a banner notice across its Sites or Services to alert you to certain changes such as modifications to the Terms and Conditions of Use, or offers and promotions. Alternatively, notice may consist of an email from IngredientsHub to an email address associated with your account, even if we have other contact information.
You agree that IngredientsHub may communicate with you through your IngredientsHub account or through other ways including email, mobile number, telephone, or delivery services including the postal service about your IngredientsHub account, services, features, applications associated with IngredientsHub.
You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
2.9. IngredientsHub Functionalities and mobile access
IngredientsHub may offer the services through applications built using IngredientsHub’s Sites or Services (“Functionalities”). Examples of Functionalities include its smart phone applications, responsive design Sites and “Share” buttons and other interactive plugins distributed on websites across the web. Functionalities are distinct from third party apps.
If you use a Functionalities or interact with a website that has deployed a Functionalities plugin, you agree that information about you and your use of the website, including, but not limited to, your device, your mobile carrier, your internet access provider or your physical location, may be communicated to us.
Further, by importing any of your IngredientsHub data through the Functionalities, you represent that you have authority to share the transferred data with your mobile carrier or another access provider. In the event you change or deactivate your mobile conditions or properties, you must promptly update your IngredientsHub account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility.
You acknowledge you are responsible for all charges and necessary permissions related to accessing IngredientsHub through your mobile access provider. Therefore, you should check with your provider to find out if the Sites or Services are available and the terms for these services for your specific mobile devices.
If you using any downloadable Functionalities to enable your use of the Sites or Services, you are explicitly confirming your acceptance of the terms of the Additional Agreement associated with the application provided at download or installation, or as may be updated from time to time.
2.10. Sharing and Communication
IngredientsHub offers various places such as Business stands, Product/Service presentations, posted Information, Forums, and other, where you can post your observations and comments on designated topics. IngredientsHub also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content.
Users can create Business stands, Business Network stands, Events and other groups of interest (“Groups”) for free or as Paid Features, however, IngredientsHub, in its sole discretion, may close or transfer Groups, or remove User Content from them if the content violates this Agreement, the Terms, and Conditions of Use or others’ intellectual property rights.
Ideas you post or information you share may be seen and used by other Users, and IngredientsHub cannot guarantee that other Users will not use the ideas and information that you share on IngredientsHub. Therefore, if you have an idea or information that you would like to keep confidential 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 to any Sites or Services. IngredientsHub is not responsible for any another’s misuse or misappropriation of any content or information you post on Sites or Services.
You are solely responsible for your interactions with other Users.
You agree to do not harass, abuse or harm another person, including sending unwelcomed communications to others using IngredientsHub.
You agree to do not invite people you do not know to join the IngredientsHub.
You agree to do not submit any content that includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to using Sites or Services invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact, and using Sites or Services to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission.
2.11. Buyers - Sellers interactions
Through the Sites or Services, IngredientsHub provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. There is also electronic web-based transaction platform for Users to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites or Services subject to the terms of the IngredientsHub Transaction Agreement.
Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. IngredientsHub uses several techniques to verify the accuracy of certain information. However, because User verification on the Internet is difficult, IngredientsHub cannot and does not confirm each User's purported identity (including, without limitation, Users with Premium Account or with Exclusive Account). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
You acknowledge that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Sites or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Sites or Services. Such risks shall include but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defence or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Sites as a result of purchase and sale transactions in connection with using the Sites may suffer harms and/or assert claims arising from their use of such products. Each User agrees that IngredientsHub shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any risks.
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
User agrees to provide all information and materials as may be reasonably required by IngredientsHub in connection with your transactions conducted on, through or as a result of the use of the Sites or Services. IngredientsHub has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
IngredientsHub does not represent either the seller or the buyer in specific transactions. IngredientsHub does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites or Services or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
3. Our Obligations, Responsibilities, and Rights
3.1. Services Availability
For as long as ChemCon continues to offer the Sites or Services, IngredientsHub shall provide and seek to update, improve and expand the Sites or Services. As a result, we allow you to access Sites or Services as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement.
We may modify, replace, refuse access to, suspend or discontinue IngredientsHub’s Sites or Services, partially or entirely, or change and modify prices prospectively for Paid Features, all or part of the Sites or Services for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on Sites or Services or by direct communication to you unless otherwise noted.
IngredientsHub further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by IngredientsHub to be contrary to this Agreement.
IngredientsHub has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Sites or Services.
IngredientsHub may reduce access to the Sites and Services during system conservation, repair, develop or database backup.
3.2. Third Party Applications and Developers
IngredientsHub may include links to third party websites (“Third Party Applications”) on IngredientsHub’s Sites or Services and enables third-party developers (“Developers”) to create applications (“Functionalities”) that provide additional features and functionality for Users.
IngredientsHub is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Applications or Functionalities.
IngredientsHub also does not screen, audit, or endorse Third Party Applications or Functionalities. Accordingly, if you decide to use Third Party Third Party Applications or Functionalities, you do so at your own risk and agree that your use of any Third Party Applications or Functionalities is on an “as-is” basis without any warranty as to the Developer’s actions, and that this Agreement does not apply to your use of any Third Party Applications or Functionalities.
3.3. Disclosure of User Content
- comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures,
- 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
- respond to customer service inquiries,
- protect the rights, property, or personal safety of IngredientsHub, our Users or the public.
3.4. User-User interactions
IngredientsHub may limit the number of connections, messages or another type of interactions you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Sites or Services or otherwise limit your use of the Sites or Services.
IngredientsHub reserves the right, but has no obligation, to monitor disputes between you and other Users and to restrict, suspend, or close your account if IngredientsHub determines, in our sole discretion, that doing so is necessary to enforce Terms and Conditions of Use.
3.5. Intellectual Property Notices and Rights
The Site and Service include the copyrights and Intellectual property rights of ChemCon and except for the limited license granted to you in Section entitled “Your Obligations, Responsibilities, and Rights”. IngredientsHub reserves all of its intellectual property rights in the Sites and Services.
ChemCon, the IngredientsHub and related icons and logos and other IngredientsHub trademarks, service marks, graphics, and logos used in connection with IngredientsHub are liable and exclusive to be trademarks or registered trademarks of ChemCon in Republic of Seychelles and/or in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws.
ChemCon, the IngredientsHub and related icons and logos and other IngredientsHub trademarks, service marks, graphics, and logos can be used by Users on their brochures, leaflets, websites, applications and others business related items, limited to these, which are presenting content related to content presented as User Content at the IngredientsHub's Sites or Services. The unauthorized copying, modification, use or publication of these marks for personal use and not for business purposes is strictly prohibited.
IngredientsHub may have independent third parties involved in the provision of the Sites or Services (e.g., verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
Other trademarks and logos used in connection with IngredientsHub may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
IngredientsHub is the sole owner or lawful licensee of all the rights and interests in the Sites and Services, as well as, the Sites and Services Content. The Sites and Services Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership, and intellectual property rights in the Sites and Services, as well as, the Sites and Services Content shall remain with IngredientsHub, IngredientsHub Affiliates or licensors of the Sites and Services Content, as the case may be. All rights not otherwise claimed under the Terms and Conditions of Use or by IngredientsHub are hereby reserved.
3.6. Limitation of Liability
Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result, the contents of this section may not apply to you.
To the maximum extent permitted by law, the Sites and Services provided by IngredientsHub on or through the Sites or Services are provided "as is", "as available" and “with all faults”, and IngredientsHub hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
To the maximum extent permitted by law, IngredientsHub makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the Sites or Services.
IngredientsHub is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted to the Sites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User.
IngredientsHub does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or Services does not violate any Third Party Rights; and IngredientsHub makes no representations or warranties of any kind concerning any product or service offered or displayed on the Sites or Services. No warranty or representation is made with regard to such services or products. There is no event shall IngredientsHub and IngredientsHub Affiliates be held liable for any such services or products.
Any material downloaded or otherwise obtained through the Sites or Services is done at each User's sole discretion and risk and each User is solely responsible for any damage to IngredientsHub’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from IngredientsHub or through or from the Sites or Services shall create any warranty not expressly stated herein.
Each User hereby agrees to indemnify and save IngredientsHub and IngredientsHub Affiliates harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Sites or Services (including but not limited to the display of such User's information on the Sites or Services) or from your breach of any of the term and condition of the Terms and Conditions of Use or from User's breach of any representations and warranties made by User to IngredientsHub.
Each User hereby further agrees to indemnify and save IngredientsHub and IngredientsHub Affiliates harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products or services offered or displayed on the Sites or Services. Each User hereby further agrees that IngredientsHub is not responsible and shall have no liability to you, for any material posted by Users, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.
IngredientsHub shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the Sites or Services,
- statements or conduct of any User of the Sites or Services,
- unauthorized access by third parties to data or private information of any User,
- any defect in products, goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites and Services,
- violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation assertions of rights, demands or claims by Third Party Rights claimants,
- all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with transactions between sellers and buyers,
- any matters relating to Sites or Services, however, arising, including negligence.
Under no circumstances shall IngredientsHub be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Notwithstanding any of the foregoing provisions, the aggregate liability of IngredientsHub or IngredientsHub Affiliates or anyone acting on our behalf with respect to each User for all claims arising from the use of the Sites or Services (include, but not limit to, any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third party person arising from your use of the Sites or Services, any IngredientsHub’s Functionalities or any of the content or other materials on, accessed through or downloaded from IngredientsHub) during any calendar year shall be cumulatively liable and limited to the greater of the amount of fees the User has paid to IngredientsHub or IngredientsHub Affiliates during the calendar year or 100 Euros, whichever amount is greater. This limitation of liability shall:
- apply regardless of whether (a) you base your claim on contract, tort, statute or any other legal theory, (b) we knew or should have known about the possibility of such damages, or (c) the limited remedies provided in this section fail of their essential purpose,
- not apply to any damage that IngredientsHub may cause you intentionally or knowingly in violation of this Agreement, Terms, and Conditions of Use or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in Terms and Conditions of Use,
- not apply if you have entered into an Additional Agreement to purchase Functionalities with a separate Limitation of Liability provision that supersedes this section in relation to those Functionalities.
The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one year from the date the cause of action arose.
The limitations and exclusions of liability to you under the Terms and Conditions of Use shall apply to the maximum extent permitted by law and shall apply whether or not IngredientsHub has been advised of or should have been aware of the possibility of any such losses arising.
IngredientsHub reserves the right, at our own expense, to assume the exclusive defenses and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with IngredientsHub in asserting any available defenses.
3.7. Breaching Terms and Conditions of Use by User
If any User breaches any terms included in Terms and Conditions of Use or if IngredientsHub has reasonable grounds to believe that any User is in breach of the Terms and Conditions of Use, IngredientsHub shall have the right to impose a penalty against the User, or suspend or terminate the User’s account or Paid Features of any Site or Service without any liability to the User.
IngredientsHub shall also have the right to restrict, refuse or ban any and all current or future use of any other Site or Service that may be provided by IngredientsHub. The penalties that IngredientsHub may impose include, among others, warning, removing any Business stand, Product or Service presentation or other User Content that the User has submitted, posted or displayed, imposing restrictions on the number of Products/Services or other User Content that the User may post or display, or imposing restrictions on the User’s use of any features or functions of any Site or Service for such period as IngredientsHub may consider appropriate in our sole discretion.
Without limiting the generality of the provisions of the Terms and Conditions of Use, a User would be considered as being in breach of this Agreement in any of the following circumstances, where IngredientsHub has reasonable grounds to believe that:
- upon complaint or claim from any third party such User has wilfully or materially failed to perform his/her contract with such third party, including without limitation, where the User has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items User has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
- such User has used a stolen credit card or other false or misleading information in any transaction with a counterparty,
- any information provided by the User is not current or complete or is untrue, inaccurate, or misleading,
- the User’s actions may cause financial loss or legal liability to IngredientsHub or IngredientsHub Affiliates or any other Users.
IngredientsHub reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, IngredientsHub may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. IngredientsHub shall not be liable for damages or results arising from such disclosure, and User agrees not to bring any action or claim against IngredientsHub for such disclosure.
IngredientsHub reserves the right to publish the records of breach of Terms and Conditions of Use on the Sites or Services. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. IngredientsHub also reserves the right to disclose the records of such breach to IngredientsHub Affiliates.
IngredientsHub may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the User’s use of any Sites or Services without being liable to the User if IngredientsHub has received notice that the User is in breach of Term and Conditions of Use. IngredientsHub shall not be required to investigate such breach or request confirmation from the User.
You may terminate Terms and Conditions of Use, for any or no reason, at any time, with notice to IngredientsHub. This notice will be effective upon IngredientsHub processing your notice.
IngredientsHub may terminate this Agreement and Terms and Conditions of Use 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. For the avoidance of doubt, only IngredientsHub may terminate your access to any Paid Functionalities.
IngredientsHub may restrict, suspend or terminate the account of any User who abuses or misuses the Sites or Services. Misuse of the Sites or Services includes inviting other Users with whom you do not know, abusing the IngredientsHub messaging system, creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms listed in this Agreement, or any other behaviour that IngredientsHub, in its sole discretion, deems contrary to its purpose.
Termination of your IngredientsHub account includes disabling your access to Sites or Services and may also ban you from any future use of IngredientsHub.
Upon termination of your IngredientsHub account, you lose access to the Sites and Services. The terms of this Agreement shall survive any termination, except section entitled “Your Obligations, Responsibilities and Rights” and sections entitled: "Services Availability", "Third Party Applications and Developers", "Disclosure of User Content" and "User-User interactions".
3.9. Dispute Resolution
All legal notices or demands to or upon IngredientsHub shall be made in writing and sent to IngredientsHub personally by e-mail. The notices shall be effective when they are received by IngredientsHub in any of the above-mentioned manners.
All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to IngredientsHub or User's Message box on the Site, or by posting such notice or demand on an area of the Sites or Services that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: IngredientsHub is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or you agree that all agreements, notices, demands, disclosures and other communications that IngredientsHub sends to you electronically satisfy the legal requirement that such communication should be in writing.
User agrees to provide all necessary information, materials, and approval, and render all reasonable assistance and cooperation necessary for IngredientsHub’s provision of the Sites or Services, evaluating whether User has breached the Terms and Conditions of Use and/or handling any complaint against the User.
This Agreement and Terms and Conditions of Use or any claim, cause of action or dispute (“Claim”) arising out of or related to this Agreement shall be governed by the laws of Republic of Seychelles regardless of your country of origin or where you access IngredientsHub, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
You and IngredientsHub agree to submit to the personal jurisdiction of the courts located within Republic of Seychelles or Ireland, for the purpose of litigating and resolving all Claims arising out of or related to this Agreement and Terms and Conditions of Use. Notwithstanding the above, you agree that IngredientsHub shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than 10,000 euros, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
4. General Terms
Subject to any Additional Agreements, the Terms and Conditions of Use constitute the entire agreement between you and IngredientsHub with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
IngredientsHub and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms and Conditions of Use.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
IngredientsHub’s failure to enforce any right or failure to act with respect to any breach by you under the Terms and Conditions of Use will not constitute a waiver of that right nor a waiver of IngredientsHub’s right to act with respect to subsequent or similar breaches.
IngredientsHub shall have the right to assign the Terms and Conditions of Use (including all of our rights, titles, benefits, interests, and obligations and duties in the Agreement to any person or entity (including IngredientsHub Affiliates)). You may not assign, in whole or part, the Terms and Conditions of Use to any person or entity.
The Terms and Conditions of Use shall be governed by the laws of the Republic of Seychelles without regard to its conflict of law provisions.
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; 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.
If any provision of the Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and IngredientsHub regarding the Sites and 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 and Terms and Conditions of Use. You also may be subject to Additional Agreements and conditions that may apply when you use or purchase certain other IngredientsHub Services, third-party content or third-party software.
Except as expressly and specifically contemplated by the Terms and Conditions of Use, no representations, statements, consents, waivers or other acts or omissions by any IngredientsHub Affiliate shall be deemed legally binding on any IngredientsHub Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of IngredientsHub.
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 Sites or Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Sites or Services or any content or other material used or displayed through the Sites or Services.
Entities other than ChemCon International Ltd. and that ChemCon International Ltd. owns a 50% shares or greater are not parties, but intended third party beneficiaries of this Agreement and Terms and Conditions of Use, with a right to enforce this Agreement directly against you.
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 Terms and Conditions of Use, fully or partially without notice to you.
You may have rights or obligations under local law other than those enumerated here if you are located outside the Republic of Seychelles.
You may contact us on our Sites and Services or via e-mail. Any notices that you provide without compliance with this Agreement shall have no legal effect.