ChemRTP's Terms and Conditions

ChemRTP.com Agreement for Data Purchase

This agreement (“Agreement”) is made by ChemEssen (the “ChemEssen”) and the individual (the “Buyer”) identified in the Buy Now (“Buy Now”) on the website at http://ChemRTP.com (“Website”) as of the date that the Buyer submits the Buy Now by selecting the “Buy Now” button thereon. This Agreement explicitly incorporates by reference and includes the Website’s Terms and Conditions, Privacy Policy, and any guidelines, rules or disclaimers that may be posted and updated on particular web pages of the Website or on notices that are sent to the Buyer. The parties hereto agree on the items, as detailed below:

1.1 PURCHASE

1.1.1 Purchased Product

ChemRTP hereby grants to the Buyer the non-exclusive, non-transferable, perpetual right to use of the ChemRTP data and provide the Purchased Product to the Buyer subject to the terms and conditions of this Agreement.

1.1.2 Authorized Uses

The Buyer may download, access and view the Purchased Product. Buyer is authorized to download additional copies of the Purchased Product and to transfer them to other electronic devices of the Buyer, solely for the Buyer’s personal use. ChemRTP permits that the Buyer may copy, paste, and/or print the Purchased Product.

1.1.3 Restrictions on Use of the Purchased Product

Except as expressly permitted in writing by ChemRTP, the Buyer may not:

  • Reproduce, distribute, transfer, sell, rent, lease or lend the Purchased Product; or
  • Post individual items from the Purchased product on social networking sites.

1.1.4 Intellectual Property Ownership

The Buyer acknowledges that all right in the Purchased Product remain with ChemRTP and that the redistribution of the Purchased Product could materially harm ChemRTP.

1.2 SECTION 2. CHEMRTP PERFORMANCE OBLIGATIONS

ChemRTP will make the Purchased Product accessible to the Buyer via the link sent by ChemRTP. The Purchased Product will be accessible for download for a period of seven (7) days as of the date that the Buyer submits the Buy Now by selecting the “Buy Now” button thereon.

1.3 SECTION 3. BUYER PERFORMANCE OBLIGATIONS

1.3.1 Protection from Unauthorized Access and Use

The Buyer shall use reasonable efforts to:

  • Ensure the Purchased Product to be utilized merely by Buyer for its personal use and Buyer should not divulge it to any third party; and
  • Immediately upon becoming aware of any unauthorized use of the Purchased Product, notify ChemRTP and take due measures to ensure that such activity ceases and to prevent any recurrence.

1.4 SECTION 4. FEES AND PAYMENT TERMS

The Buyer shall pay to ChemRTP the fees (the “Fees”), to use of the Purchased Product at the rates in effect when the charges were incurred. Refunds are not available once the Buyer receive the data via email. If the Purchased Product becomes unavailable following a transaction but prior to download, the sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of the Purchased Product, the exclusive and sole remedy is either replacement or refund of the Fees, as determined by ChemRTP.

1.5 REFUND POLICY

Due to the nature of our product we have a no refund policy. Unlike physical goods, electronically distributed material may be duplicated and once a purchase has been made, it is impossible for us to recall our data. As a result, we are unable to offer refunds once you have purchased. There are NO EXCEPTIONS to this policy.

1.6 SECTION 5. CHEMRTP WARRANTIES AND INDEMNITIES

1.6.1 Warranties

ChemRTP warrants that use of the Purchased Product in accordance with the terms and conditions herein will not infringe the intellectual property rights of any third party.

1.6.2 Indemnities

ChemRTP shall indemnify, defend and hold harmless the Buyer from and against any loss, damage, costs, liability and expenses (including reasonable attorneys’ fees) arising from or out of any third-party action or claim that use of the Purchased Product in accordance with the terms and conditions herein infringes the intellectual property rights of such third party. If any such action or claim is made, the Buyer will promptly notify and cooperate with ChemRTP. This indemnity obligation shall survive the termination of this Agreement.

1.6.3 Disclaimer of Warranty

The materials in the chemRTP website are "as is" and without warranties of any kind either express or implied. To the fullest extent permissible to applicable law, ChemRTP disclaims all, express or implied, including, but not limited to, implied of merchantability and fitness for a particular purpose. Except for the express warranties and indemnities stated herein and to the extent permitted by applicable law, in no event shall ChemRTP be liable for any indirect, incidental, special, consequential or punitive damages including, but not limited to, loss of data, business interruption or loss of profits, arising out of or in connection with this agreement, or shall the liability of ChemRTP and its suppliers to the buyer exceed a sum equal to the fees paid by the buyer hereunder, even if ChemRTP or any supplier has been advised of the possibility of such liability or damages.

1.6.4 Limitation of Liability and Release

To the maximum extent permitted by applicable law, in no event and under no legal theory (contract, warranty, tort or otherwise) will ChemRTP be liable for any direct, indirect, special, incidental, punitive, exemplary, consequential or other damages incurred by you and in any way arising out of or related in any way to these terms and conditions (including, without limitation, your use of, or inability to use, the site or any damages you may incur in connection with any decision made, action, or inaction, taken by you or any other party, in reliance upon the information or for the reliability, accuracy, completeness or timeliness thereof, or for any delays or errors in the transmission or delivery of any part of the information or services), even if advised of such damages.
In addition to and without limiting the foregoing, ChemRTP shall not be liable for any harm caused by the transmission, through the site of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the site or any of your software, hardware, data or property.

1.7 SECTION 6. RISK OF LOSS

Risk of loss for the Purchased Product transfers when the Buyer downloads or accesses the Purchased Product.

1.8 SECTION 7. GENERAL

1.8.1 Force Majeure

Neither party’s delay or failure to perform any provision of this Agreement as a result of circumstances beyond its control (including, but not limited to, war, strikes, fires, floods, governmental restrictions, power failures, telecommunications or Internet failures or damage to or destruction of any network facilities or servers) shall be deemed a breach of this Agreement.

1.8.2 Severability

The invalidity or unenforceability of any provision of this Agreement shall not affect any other provisions of this Agreement.

1.8.3 Entire Agreement

This Agreement contains the entire understanding and agreement of the parties and merges and supersedes any and all prior and contemporaneous agreements, communications, proposals and purchase orders, written or oral, between the parties with respect to the subject matter contained herein.

1.8.4 Governing Law

This Agreement will be governed by and construed in accordance with the laws without regard to conflict of law principles, and the parties irrevocably consent to the exclusive jurisdiction of the courts located in Seoul, Republic of Korea, with respect to any action or suit arising out of or pertaining to this Agreement (except where local law requires).

1.8.5 Assignment

The Buyer shall not assign, transfer or license any of its rights or obligations under this Agreement unless it obtains the prior written consent of ChemRTP, which consent shall not unreasonably be withheld.

1.8.6 Privacy

ChemRTP shall not, without the prior written consent of the Buyer, transfer any personal information of Buyer to any non-affiliated third party or use it for any purpose other than as described in this Agreement and in the online privacy policy for the relevant online service.

1.8.7 Notices

All notices given pursuant to this Agreement shall be in writing and, if to ChemRTP, delivered to ChemRTP Inc., ChemEssen Inc. 1408, AceHighTechCity 2-Cha, 25 Seonyu-ro 13-gil, Yeongdeungpo-gu, 07282 Seoul, Republic of Korea., and if to the Buyer, delivered to the contact details identified on the Buy Now, or to such other address(es) as the party concerned shall have designated by notice hereunder.

Last revised: Dec 2018