Terms of Use Policy

Terms of Use Policy

Introduction

This policy governs the way ChemFreeCom.com is to be used by its Users and Suppliers (collectively, the “Members”). If you wish to become a user or supplier on ChemFreeCom.com and communicate with other members, suppliers or providers please read these terms of usage carefully before using ChemFreeCom.com and its related services. By accessing this site or using any part of the site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. The Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.   Your use of our ChemFreeCom.com Directory (collectively, the “Services”) is subject to these Terms of Use (these “Terms”).

Usage Policy

As a member, user, supplier or visitor to ChemFreeCom.com you understand and agree that you will use this site including its tools and services with full sense of responsibility and in a manner that is consistent with the ChemFreeCom.com Terms of Use and Privacy Policy. You agree that you will use the site and its services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.

You may view, download for collection purposes only, and print pages or other contents from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others
  2. Publish, post, upload, email, distribute or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content
  3. Publish or post false, inaccurate, misleading or libellous content
  4. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment
  5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters
  6. Download any file that you know or reasonably should know, cannot be legally obtained in such manner
  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material
  8. Restrict or inhibit any other user from using and enjoying any public area within our sites
  9. Collect or store personal information about other end users
  10. Interfere with or disrupt our sites, servers or networks
  11. Impersonate any person or entity, including, but not limited to, a ChemFreeCom.com Directory representative, or falsely state or otherwise misrepresent your affiliation with a person or entity
  12. Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites
  13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure
  14. Engage in any other illegal activities.

 

Content On Our Site

Our site includes a combination of content that we create, that our partners create and that our Members’ create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our sites in whole or in part.

If you would like to request permission to use any of the content on our sites contact us.

We do not guarantee the accuracy, integrity or quality of the content on our sites. Our directory contains information about products and services offered by third parties, including product descriptions, pricing, availability, and location. We are not responsible for postings by suppliers, users in the user opinion, and message board or feedback sections of our sites.

The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. ChemFreeCom.com Directory may change, delete, or update any posted information or materials at any time and without prior notice. The information and materials posted on this Site are provided for informational purposes only and are not binding on ChemFreeCom.com Directory in any way except to the extent they are specifically indicated to be so.

Your Use of Third Party Sites

Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third party content or a link to a third party site is not an endorsement of that content or third party site.

We do not sell, resell or license any of the products or services that we review or list on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.

Materials Posted by Members

By participating in this site, you understand and agree not to post or transmit any material that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others or contains any virus or other computer programming routine which may interfere with or damage the site or otherwise interrupt on the ability of others to use or enjoy the same.

We reserve the right to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or for any other reason. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the site.

You agree to use our news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”), only to send and receive messages and material that are proper and related to that particular Forum.

You are responsible for the content of your communications, messages and posts, and its consequences. We reserve the right to terminate your registration if we become aware, at our sole discretion, that you are violating any of the guidelines set forth in this agreement and privacy policy. While we want to encourage an open exchange of information and ideas we do not review all postings made in any chat rooms, forums and other public-posting areas on the site. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy, integrity or quality of any posting, regardless of whether the posting comes from a user, supplier or “expert” guest, or from a member of our staff.
If you choose a username that, in our sole discretion, is obscene, indecent, and abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by ChemFreeCom.com Directory for use in accessing our sites. Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites.

Privacy Policy

All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy. Please click here to see our full Privacy Policy.

DISCLAIMER OF WARRANTY

ChemFreeCom.com Directory makes no warranties or representations whatsoever concerning this Site or any linked site or its content, including the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness of that information and materials. ChemFreeCom.com Directory also does not warrant or represent that your access to or use of any site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the site is free of computer viruses or other harmful components. Without limiting the foregoing, everything on this site is provided to you “as is” without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

LIMITATION ON LIABILITY

Under no circumstances will chemfreecom.com directory be liable to you or any other person for any direct, indirect, consequential, incidental, special, or punitive damages, whether in contract or in tort, including negligence, arising in any way out of access to or use of or inability to access or use the site or any linked site or its contents, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if chemfreecom.com is expressly advised of the possibility of such damages.

Trademarks and Copyrights

Unless otherwise noted, the trademarks, logos, and service marks used on the Site are owned by ChemFreeCom.com Directory or by third parties that have licensed their use to ChemFreeCom.com Directory. You may view and download these marks for informational purposes only as permitted by applicable copyright laws and must retain intact all copyright and other proprietary notices. Other use of these marks, except as specifically permitted in these Terms or the Site content or a writing signed by ChemFreeCom.com Directory, is strictly prohibited.

Waiver and Severability of Terms.

No waiver by ChemFreeCom.com Directory of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.

Failure of the ChemFreeCom to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

In the event that any provision of these Terms of Usage is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Miscellaneous

ChemFreeCom.com Directory shall not be liable for any non-performance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the substantive laws of Queensland, Australia. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with the Terms of Use is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Queensland, Australia, to the exclusion of any other courts.

Non-Assignment of rights

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

Term

These Terms of Use will remain in full force and effect while you use ChemFreeCom.com. If you breach the conditions of this agreement we can terminate you as a Member of ChemFreeCom.com. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached the Terms of Use, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of these Terms of Use will remain in effect.

Privacy Policy

Privacy Policy

Introduction

We understand that the privacy of your personal details, and the security of your transactions with us, is of paramount importance to you.

At ChemFreeCom.com Directory, we are committed to protecting your privacy. We will keep all the information you share with us confidential. We use your personal information only to process requests for information; we do not share your information with any third parties.

ChemFreeCom’s Privacy Policy sets out the rules we will abide by when dealing with personal information collected from individuals in the course of our business. Our Privacy Policy is your guarantee that any personal information given to ChemFreeCom.com Directory will remain private. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.

We may make alterations or additions to this policy from time to time. Should we do so, we will update the policy on our web site.

Please note that we cannot and do not assume any responsibility for the privacy or security practices of any other web sites which you may be able to access through our site, or for our customers’ level of compliance with our code.

Collection of Information

ChemFreeCom collects different information about you at different times. These are the broad categories of information that we collect from you:

Information we require to supply our services.

When you first sign up or contract with ChemFreeCom.com for our services, or when you make an inquiry about our services, we collect various pieces of information. This includes information such as your name, address, telephone number, domain name, email details of your primary and secondary contacts, as well as the answers to the questions that we ask as part of the application process. We may also collect other identifying details such as your age and gender. In order to verify your identity, we may ask you to provide questions and answers to security questions. If so, the above information will be stored in a secure location and we do not share any of your information with third parties.

Contact ChemFreeCom.com Directory directly.

In this case we collect your name, email address and your message to us. We only use this information to respond directly to your request. Your information will not be shared with third parties.

Send (Recommend) a page to a friend or invite a Supplier through the scouting process

In this case we collect your name, your email address, your friends email address and your message to your friend. This information is processed by our Web server to provide you with a simple way of recommending a link to a friend. We do not store any of the information you submit from the form and it is not shared with third parties.

Other demographic information.

If you respond voluntarily to our surveys or other interactive communications, we collect the responses and use the information to improve the quality and range of ChemFreeCom’s products and services. Once used for this purpose, any personal information captured is deleted.

Other uses of information

We may use your personal information to:

  1. contact you in relation to upgrading your use of our services, special offers (from us, or on behalf of third parties), newsletters, surveys, and individual service audits, or in response to any expression of interest we received from you in relation to our products and services;
  2. monitor and address complaints, other feedback, and to resolve disputes;
  3. maintain a technical and account history of your dealings with us, and to re-establish your account with us where you re-join within a reasonable time after having terminated your account;
  4. monitor your compliance with our Terms of Use Policy and other terms and conditions of supply;
  5. comply with our reporting and other obligations to third party suppliers and licensors, including Government agencies.

Disclosure of Information

We will disclose your personal information, without notice or your consent, only:

  1. if we are required to do so by law or in good faith that such action is necessary to conform with the laws of the presiding jurisdiction;
  2. to protect and defend the rights or property of ChemFreeCom;
  3. if we consider it necessary to do so in order to enforce or apply the terms of any of our agreements with you;
  4. if we sell our business or part of it; and
  5. in extreme circumstances, to protect the personal safety of users of ChemFreeCom’s services, its web site, our staff or the public.

Other Disclosure By You

You might provide personal information through your participation in chat sessions, email exchanges or newsgroups accessed via our web sites, or another service provided by ChemFreeCom. This information is public and immediately available to anyone who has access to such a site; it is not private. ChemFreeCom urges you to only enter information that you are comfortable to share with the public at large in this public domain.

You should never reveal your password to third parties. If you lose control of your password, you may lose control over your personal information and may be liable for actions taken on your behalf by third parties using your password and/or personal information. Therefore, if your password has been compromised for any reason, you should immediately change it.

Cookies and information collected about your visit to our site

‘Cookies’ are small pieces of information that may be received and stored via your browser to your computer’s hard drive.

We use cookies to provide information on our product offerings through content networks across the internet, to track your interaction with our website and to personalise your experience on our website. The cookies expire once the visitor leaves our web site. It is possible to adjust your Internet browser to refuse cookies, but you may find that this reduces the functionality of this site.

We do not use cookies that write any type of information to your hard drive. We do not use cookies to store or collect any personal information such as names, addresses, e-mail addresses, telephone numbers or payment information.

ChemFreeCom operates statistics gathering software on its web site to collect information about the number of visitors coming to the site. No identifying information is collected by this software. The software records the IP address of the visitor only. We use this information to improve our own technical structure and performance, and to determine which areas of our web site are most popular.

We use your IP address to help diagnose problems with our server, to administer and tune the operation of our site, and to log your browser type and referring URL information.

Your IP address may also be used in collecting statistical data such as number of ‘hits’ and ‘page views’ which is gathered for broad usage information only. This information is gathered in aggregate only and cannot be traced to an individual user. When you visit our site your IP address is recorded as a normal function of the following server logs:

  1. Access logs show us which pages an IP address accesses on the visit. Error logs show any errors your browser encountered during a visit.
  2. Agent logs show us what type of browser you used to view the site.
  3. Data logs show us the keywords used to find our site and which search engine or point of entry you used.

We reserve the right to modify this privacy policy at any time. However, if we do this we will provide adequate notice on our web site before any change occurs.

ChemFreeCom.com Directory contains links to other web sites. Please note that when you click on one of these links, you are ‘clicking’ to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours.

Advertising

Ads may appear on our site and may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.

Children’s Privacy 

ChemFreeCom does not knowingly collect, use or market any information to children without seeking parental or a guardian’s consent. We also urge you to familiarise yourself with your legal responsibilities with regard to children and the Internet.

If you have a complaint about any aspect of our Privacy procedures, please contact us on info@chemfreecom.com. We will deal promptly with your complaint. If the complaint cannot be resolved within a reasonable time to your satisfaction, it may be referred to the Privacy Commissioner.

ChemFreeCom Terms & Conditions

E-Directory and Related Services Terms and Conditions for ChemFreeCom Suppliers

These are the standard terms and conditions of supply of services by ChemFreeCom. It is a condition of your use of any services that you comply with these terms and conditions.

1. Agreement and Amendment

1.1             Certain terms have defined meanings as set out in the Dictionary Tab
1.2             You acknowledge that ChemFreeCom outsources to Providers for the provision of hardware, software, networking, storage and related tools to run the Services.
1.3             You agree that ChemFreeCom or its Providers will deliver the Services to you on the terms and conditions contained in the Agreement and that you will abide by the Agreement and promptly respond to any requests from ChemFreeCom for information required to provide the Services.

1.4             The Agreement commences on the date that you register to join as a Supplier of ChemFreeCom.

1.5             We may vary these terms and conditions, the amount we charge for the Services or the terms of the operation of the Services at any time by publication of a general notice on our website at http://www.ChemFreeCom.com. Variations other than price changes will become effective upon publication of the notice. Variations in the prices we charge for Services will come into effect on the date specified in the notice; which, unless otherwise specified, will be the next monthly payment cycle.

1.6             Use of the Services after publication of any variation in accordance with clause 1.5 will constitute acceptance by you of the varied terms.

1.7             The Agreement constitutes the arrangement in its entirety between ChemFreeCom and you and supersedes any prior agreements.

2. Listing Creation & Hosting

2.1             ChemFreeCom will use commercially reasonable endeavours to publish your complete listing/s on the directory within 2 business day of being provided with all necessary information as prescribed in the ChemFreeCom registration process and submitted by you to ChemFreeCom.

2.2             You will provide ChemFreeCom with such information as ChemFreeCom, or its Providers, reasonably require from time to time in order to provide the Services to you. This includes a current telephone number, email address and postal address.

2.3             You may change the level of Package and content of listings at any time in accordance within the procedures specified on our website.

2.4             You agree that ChemFreeCom or its Providers may from time to time add, remove or vary software associated with the Services or add, remove or vary functionality with respect to the Services. In addition you specifically consent to any Services change that may be undertaken from time to time. ChemFreeCom will use reasonable endeavours to provide you with at least 30 days notice of any Services change.

2.5             You acknowledge that ChemFreeCom has control only over the payment gateway or ecommerce platforms utilised on ChemFreeCom and for the purpose of ChemFreeCom transactions.

2.6             ChemFreeCom commits to be bound by the policies and terms of use of its chosen commercial payment gateway provider or providers.

2.7             You acknowledge that ChemFreeCom has no control over any payment gateway or ecommerce provider which you may link to your website and any transactions undertaken or attempted to be undertaken with such provider are undertaken solely at your own risk.

2.8             ChemFreeCom commits to be bound by the relevant terms and conditions, service terms, guidelines and policies of the relevant Social Media Provider chosen by ChemFreeCom for use and reference on www.chemfreecom.com.

2.9             In relation to Social Media Providers and Social Media API, you agree that:-

2.9.1         you are responsible for all Content displayed on your website, including any content displayed by any Social Media API plug-in integrated into your Website;

2.9.2         you are responsible for everything that happens on your website;

2.9.3         ChemFreeCom is not responsible for any modifications to any Social Media API by the Social Media Provider which result in any loss of functionality on your website and you agree that any such matter is an issue between you and the Social Media Provider.

3. Maintenance and Data Storage

3.1             ChemFreeCom or our Provider may be required to perform scheduled maintenance to servers from time to time. Where we are aware in advance that scheduled maintenance is likely to require the Services to be offline for more than three hours we will post details of the scheduled maintenance at least 48 hours before the scheduled maintenance commences.

3.2             ChemFreeCom or our Provider may also need to perform unscheduled maintenance from time to time. Where this results in the Services being offline for more than three hours, where known, we will post details explaining the event on our website after Services have been restored.

3.3             In the course of providing or administering the Services, ChemFreeCom or its Provider may be required to save, file, upload or otherwise manipulate your Content. Neither ChemFreeCom or its Provider will, under any circumstances, including negligence, be responsible for any loss of, misfiling of or failure to upload any of your Content and you will provide further copies of your Content promptly upon request by ChemFreeCom should any loss, misfiling or failure to upload occur.

3.4             ChemFreeCom or its Provider will, but has no obligation to, archive your content onto back up mechanisms from to time to time for the purpose of disaster recovery. In the event of equipment failure or data corruption we or our Provider will restore Content from the last known good archive if one is available.

3.5             You acknowledge that you do not obtain any rights to or interest in the software, hardware and other infrastructure and facilities used by ChemFreeCom or its Provider to deliver the Services as a consequence of entering into this Agreement.

 

4. Copyright and Content Ownership

ChemFreeCom claims no intellectual property in respect of your Content. You grant to ChemFreeCom and its Provider a non-exclusive world-wide royalty free licence to use, save, transmit, display, adapt and reproduce your Content in order to provide you with the Services.

 

5. Billing and Payment

5.1             You must pay for the Package in accordance with the prices published by ChemFreeCom on our website, as amended from time to time in accordance with the Agreement, and in accordance with any quote accepted by you for Services outside your standard plan inclusions.

5.2             Prices published on the ChemFreeCom website are in Australian dollars and are exclusive of any Australian government taxes or charges unless specified otherwise. Such Australian government taxes or charges will be charged in addition. An example of this is the Goods and Services Tax (GST).

5.3             Package fees are payable monthly in advance by any of the payment options specified on our website. You must pay all amounts billed in accordance with your Package option and the Agreement. No credit terms are given. If you elect a credit card payment option you authorise us to debit your credit card for all amounts payable under the Agreement.

5.4             The ongoing billing period is on a monthly cycle beginning 30 days after the Registration Date. The Package will commence on the Registration Date and continues on a monthly basis without notice to you, until the Agreement is terminated in accordance with these terms and conditions.

5.5             Any changes to your Package will take effect on the next monthly payment cycle. This includes both increases and decreases in subscription fees.

5.6             Fees for ad hoc Services are payable in advance or in accordance with the payments terms specified in the quotation provided to you in respect of those Services.

5.7             In the event of a charge back by a credit card provider (or similar action by any other payment provider) ChemFreeCom may suspend the Services or terminate the Agreement immediately.

 

6. Terms of Use and Privacy Policy

6.1             You agree to comply with our Terms of Use and Privacy Policy located on our website, as varied from time to time, in accordance with clause 1.5 of the ChemFreeCom Terms & Conditions.

6.2             You agree, that neither you, nor any other authorised person, will undertake or attempt to undertake any of the following:-

6.2.1         use or access any websites, or include in your Content, any pornography, nudity or sex-related merchandising of any sort, including by means of creating or maintaining links to other websites containing such material;

6.2.2         create, use or maintain, or access websites that promote illegal activities (including warez, hacking, serial numbers, cracks or information that violates any law whatsoever);

6.2.3         promote a website hosted by ChemFreeCom or its Provider through unsolicited email or spamming, irrespective of whether or not the unsolicited email or spam is sent through ChemFreeCom’s or its Provider’s servers;

6.2.4         distribute copyrighted software, warez (also known as pirated software), MP3 files or Emulators/ROMs;

6.2.5         inaccurately describe or failure to correct your supplier profile on ChemFreeCom.

6.3             If we receive notice or otherwise become aware that you have failed to comply with any provision of the Terms of Use Policy or have breached the provisions of clause 6.2, in addition to any of our other rights under this Agreement, ChemFreeCom or its Provider may immediately take corrective action, including suspension of any and all of the Services or termination of this Agreement. In such event no refund of any fees paid by you shall be made.

6.4             You must comply with all applicable privacy and spam legislation as well as ChemFreeCom’s Privacy Policy located on our website, as varied from time to time in accordance with clause 1.5.

6.5             You agree that ChemFreeCom may disclose your account and other information, including personal information, in accordance with its Terms of Use and Privacy Policy.

 

7. Your Warranties

 

7.1          You warrant that:-

7.1.1         you are either an individual of at least 18 years of age or you are a duly authorised representative of a corporate entity with authority to enter into contracts on behalf of that entity;

7.1.2         you have not entered into this Agreement or obtained any Services on the basis of or in reliance upon any statement or representation of ChemFreeCom with respect to this Agreement or the Services except as expressly contained in this Agreement;

7.1.3         your use of the Services will not at any time infringe the intellectual property or other proprietary rights of ChemFreeCom, any Provider or any third party;

7.1.4         you will conduct such tests and computer virus scanning as may be necessary to ensure that any data uploaded to and from the servers of ChemFreeCom or our Provider by you does not contain any computer virus and will not in any way corrupt the data or systems or any person including ChemFreeCom or our Provider;

7.1.5         you are solely responsible for dealing with persons who access your website and you will not refer complaints or inquiries in relation to your website or its content to ChemFreeCom or any Provider; and

7.1.6         you will at all times use the Services in accordance with this Agreement.

 

8. Our General Disclaimer of Warranties and Guarantees

8.1             To the extent permitted by law, neither ChemFreeCom nor its Associated Parties make any warranties or provide any guarantees of any kind, whether expressed or implied, statutory or otherwise relating in any way to the subject matter of this Agreement.

8.2             You acknowledge and agree that nothing in this Agreement shall constitute an express or implied warranty or guarantee by ChemFreeCom, or its Associated Parties:-

8.2.1         that the Services will be uninterrupted, error free or not subject to delays; technical or otherwise;

8.2.2         that the Services will be free from virus or worm attack, interference from external hackers, denial of service attack or other persons having unauthorised access to the services or systems of ChemFreeCom or any Provider;

8.2.3         about the results or success that may be obtained from the use of the Services;

8.2.4         concerning an increase in revenue, profit or goodwill as a consequence of you using the Services;

8.2.5         as to the accuracy, reliability, completeness or content of the Services, any information services or merchandise contained in or provided through or ancillary to the Services.
8.3             You acknowledge and agree that neither ChemFreeCom or its Associated Parties exercises any control over, and accepts no responsibility for, the content of the information (including your Content) passing through ChemFreeCom’s or the Providers’ host computer, network hubs and points of presence on the internet, nor for any of your products and services.

 

9. Indemnity

9.1          You will indemnify and keep indemnified ChemFreeCom and its Provider and all directors, officers, employees and agents of ChemFreeCom and its Provider from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to legal fees on a solicitor own client basis) incurred by any such party arising out of, or directly or indirectly related to:-

9.1.1      your products and services;

9.1.2      any breach of this Agreement by you;

9.1.3      the use of the Services by you;

9.1.4      any change in the Services as contained in clause 2.4;

9.1.5      the implementation of the Terms of Usage and Privacy Policy by ChemFreeCom, any action taken by ChemFreeCom in accordance with the Terms of Usage and Privacy Policy, or any breach or violation of that policy; and/or

9.1.6      any action taken by ChemFreeCom or its Provider in connection with you undertaking or attempting to undertake any of the activities listed in clause 6.2.

 

10. Limitation of Liability

10.1          You agree that neither ChemFreeCom its officers, directors, partners, employees or agents nor its Provider shall be liable for any indirect, incidental, special punitive, exemplary or consequential damages of any kind, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort, under statute, strict liability or other legal principle even if ChemFreeCom or its Provider, as the case may be, has been advised of the possibility of such damages.

10.2          Subject to clause 10.1, you further agree that the aggregate liability of ChemFreeCom and its Provider for any damages, losses and cause of actions whatsoever, (including negligence) shall not exceed the actual dollar amount paid by you for the Services which gave rise to the damages, losses or cause of action.

10.3          You agree that where any statute implies or incorporates any term or guarantee into this Agreement, and that statute avoids or prohibits provisions in a contract excluding, restricting or modifying the application of or liability under such a term or guarantee, then the term or guarantee will be taken to be included in this Agreement. However, the liability of ChemFreeCom and its Provider for any breach of the term or failure to comply with the guarantee will, if permitted by that statute, be limited at our option to the re-supply of the Services again or the payment of the cost of having the Services supplied again.

 

11. Intellectual Property

11.1          You acknowledge that all right, title and interest in any and all of Our Intellectual Property is vested in ChemFreeCom, its Provider and their respective licensors, as applicable, and unless specifically provided in this Agreement, you shall have no right, title, claims or interest in Our Intellectual Property.

11.2          You may not copy, modify or translate any of Our Intellectual Property or related documentation, or decompile, disassemble or reverse engineer any of Our Intellectual Property to use it other than in connection with the Services nor may you grant any other person or entity any right to do so.

11.3          Unless otherwise specifically permitted by this Agreement, you must not distribute or authorise others to distribute any of Our Intellectual Property provided however, that nothing in this clause shall preclude you from using Our Intellectual Property as incorporated in the Services. This clause 11.3 shall not operate to extinguish, restrict, vary, waive or affect in any manner any right, title or interest which you may now have or hereafter acquire in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such right, title or interest in the third-party software to you.

 

12. Force Majeure

Neither ChemFreeCom nor its Provider shall be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

 

13. Suspension or Termination of this Agreement

13.1          In addition to any other rights of suspension under this Agreement, ChemFreeCom or its Provider may from time to time without notice to you suspend the Services or disconnect or deny you access to the Services:-

13.1.1      if you fail to comply with any provision of this Agreement, or do, or allow to be done, anything which in our opinion may have the effect of adversely affecting the Services, until the breach (if capable of remedy) is remedied to the satisfaction of ChemFreeCom or its Provider as applicable;

13.1.2      during any technical failure, modification or maintenance of the Services provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable.

13.2          Notwithstanding any suspension of the Services under clause 13.1, you shall remain liable for all charges payable in respect of the suspension period.

13.3          In addition to any other rights under this Agreement, ChemFreeCom may without notice to you remove, amend or alter your Content upon being made aware of:

13.3.1      any order, judgement, determination or finding of a court or other competent body that the Content is illegal, defamatory, offensive or in breach of a third party’s rights;

13.3.2      if directed to do so by the Australian Broadcasting Authority under a “take down notice” in accordance with the Broadcasting Services Amendment (Online Services) Act 1999 (as amended or replaced from time to time) if we determine, acting reasonably, that such Act applies to you; or

13.3.3      an outside party or outside device disrupting or attempting to disrupt the Services.

13.4          ChemFreeCom may terminate this Agreement and cease providing the Services to you:

13.4.1      on written notice if ChemFreeCom has suspended the Services or disconnected or denied access to the Services pursuant to clause 13.1.1;

13.4.2      at any time on at least 30 days written notice to you.
13.5          ChemFreeCom may terminate or replace its Provider at any time without notice to you. In such event ChemFreeCom will endeavour to ensure minimal disruption to the Services and a continuation of substantially the same terms as set out in this Agreement.

13.6          Where ChemFreeCom is unable to comply with clause 13.6 you may terminate this Agreement within 30 days of being notified of the new terms on which ChemFreeCom intends to supply the Services to you. In such event you will be entitled to a refund on a pro rata basis of fees paid in advance but shall remain liable for all charges up to the date of termination.

13.7          You may terminate this Agreement at any time by giving ChemFreeCom written notice of intended termination at least 14 days before the date upon which fees under your Package are next due. Notice to ChemFreeCom must be sent to info@chemfreecom.com. ChemFreeCom will upon receipt of such notice promptly confirm by email to you that the termination notice has been received. Your notice of termination is not effective unless confirmation of receipt by ChemFreeCom has been received by you. Where notice has been received and confirmed pursuant to this clause the Agreement shall terminate on the day before Service Plan fees are next due.

If notice of termination is not given at least 14 days before the date specified in the previous paragraph you shall remain liable for one further month of the fees payable under your Package and the Agreement shall terminate at the end of that further month.

 

13.8          In the event of the termination of the Agreement for any reason whatsoever:-

13.8.1      you must forthwith pay all fees and charges due for the period up to and including the termination date;

13.8.2      other than if termination occurs pursuant to clause 13.7, you must pay any charges that ChemFreeCom incurs from its Provider in connection with migrating your Content;

13.8.3      any licence issued to you or by you with respect to the Services shall cease from the date of termination;

13.8.4      ChemFreeCom and its Provider may delete your Content and any other information relating to your account without any liability to you whatsoever;

13.8.5      except in the case of termination of the Agreement by ChemFreeCom for breach by you, you will be entitled to a refund of any monies prepaid for any period after the termination date.

 

14. General

14.1          The law in force in Queensland, Australia governs this Agreement.

14.2          In the event that ChemFreeCom enforces its rights under this Agreement you agree to pay all fees incurred by ChemFreeCom, including but not limited to legal fees and collection agency fees.

14.3          This Agreement shall be binding upon and inure to the benefit of you, your respective successors and assigns. You may not resell any Services or assign your rights and obligations under this Agreement without ChemFreeCom’s prior written consent.

14.4          ChemFreeCom may assign its rights and obligations under this Agreement as it sees fit.

14.5          A provision of, or a right or obligation created under this Agreement may only be waived in writing signed by the party granting the waiver or varied in writing signed by both parties.

14.6          In any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of the Agreement shall remain in full force and effect provided that the efficacy of its contractual intention remains.

 

15. Chemical Free Community Member Seal

CHEMFREECOM (Chemical Free Community) provides to its members a special logo, or community “member seal” in various forms (digital & physical), which is intended to allow members of non toxic – less toxic, chemical free and organic businesses, users and the general public – to know that a particular company, or division of a company, is a member of the Chemical Free Community. The members seal is not a certification in any way. Users and general public must always be directed to view a member’s chemical status on their Chemical Free Community listing.

The logo is intended to be displayed only by current members of the community in standard marketing materials. A typical use of such “seal” could include a website, a printed brochure, banners and advertisement.

2A_MEMBERCOLOR_300DPI_45mm           3A_CMEMBERCOLOR_300DPI_35mm

If a company is interested in using the members seal on product packaging please contact info@chemfreecom.com.

A MEMBER’S ONLY BENEFIT

The CHEMFREECOM “member seal” is available to all active members who have read and accepted the CHEMFREECOM Terms and Conditions.

CHEMFREECOM may choose to cancel the membership of any member company before the end of a standard term (one calendar year) and, as such, any cancelled member must remove the “member seals” from the member’s website and/or any printed brochures or advertisements which have not been distributed. CHEMFREECOM reserves the right to refuse the member seal to any company, at its sole discretion.

CHEMFREECOM reserves the right to request that a company with a displayed “member seal” remove said seal from web or print distribution, at its sole discretion. Companies who do not renew membership with the CHEMFREECOM, or whose membership is terminated by CHEMFREECOM, must remove the displayed seal from any web or marketing materials within 5 business days.

The seal is provided in 2 versions and in 4 colour options: colour, grey scale, and black/white in PNG format. Members are allowed to change the size of the seal, providing that the dimension ratios are maintained, in order to meet design or print requirements. No other revisions or alterations to the seals are allowed without the express approval of CHEMFREECOM. To request the seal in an EPS format, or for specific questions about use of the seal, please contact info@chemfreecom.com

MEMBER SEAL FOR DIGITAL USE ON WEBSITE & PRINTED POINT OF SALE COLLATERAL (TAMPER STICKER & WINDOW STICKERS)

  1. Purchase the CHEMFREECOM Member Seal that best suits your needs from the CHEMFREECOM member Dashboard.
  2. Email info@chemfreecom to register the number of platforms and items upon which the seal will be used.
  3. Contact CHEMFREECOM to collaborate and agree on a social media strategy to best support the promotion of members seal on company www and printed collateral.

MEMBER SEAL FOR PRODUCT PACKAGING.

  1. Email info@chemfreecom to obtain approval and discuss requirements.
  2. Discuss and agree on a social media strategy for CHEMFREECOM to support the promotion of members seal on company product.

Dictionary

Dictionary

“Agreement” means these terms and conditions and any policies, templates, forms, processes, pricing or Service Plans referred to in these terms and conditions as in effect from time to time.

“Associated Parties” means any Provider, employee, officer, affiliate, agent, supplier, third-party information provider, merchant, licensor or the like in any way associated with the provision of the Services.

“ChemFreeCom”, “we”, “us” means Zoodle Enterprises Pty Ltd trading as ChemFreeCom ABN 75159507301  in the State of Queensland, Australia.

“Content” means any data, website content or files provided by you or third parties, in any form, in connection with your listing on ChemFreeCom or its Provider’s servers.

“Order Form” means the form or template, accessible from our website, to be completed by you providing information to ChemFreeCom in order for us to provide the Services and requesting that we do so.

“Our Intellectual Property” means all right, title and interest in any and all technology, including the software, documentation and material that is part of or provided with the Services and any know-how, trademarks or service marks of ChemFreeCom, its Provider or the licensors of ChemFreeCom or its Provider (as applicable).

“Megabyte Limit” means the data transfer bandwidth limit or disk space limit referred to in clause 2.3 – ChemFreeCom Terms & Conditions.

“Package” means the subscription level for ChemFreeCom Service as outlined on the Pricing page on the www.chemfreecom.com.

“Provider” means any third party supplier of ChemFreeCom who provides any goods or services contemplated by these terms and conditions whether supplied directly to the customer or via ChemFreeCom.

“Registration Date” means the date upon which you submit your registration to ChemFreeCom;

“Services” mean the ChemFreeCom website design, hosting and related services offered from time to time on the ChemFreeCom website at http://www.ChemFreeCom.com.

“Social Media” means any online technology allowing for communication through social interaction via the internet.

“Social Media Provider” means any provider of Social Media and includes Facebook, Twitter, Flickr and YouTube.

“Social Media API” means any application programming interface provided by a Social Media Provider.

“Supplier” means the person or entity who has registered on ChemFreeCom as a supplier of products and services.

“User” means the person or entity who has registered to utilise the functionality of ChemFreeCom.

“You” means the person or entity to whom the ChemFreeCom Services are supplied.