Welcome to _Thermo Fisher Scientific Chemicals_ a Web site focused on the sale of laboratory chemicals to all kind of industries and institutions in analysis, R&D and certain manufacturing.
The Site is the property of us and our licensors. BY USING THE SITE OR SUBMITTING ANY USER-GENERATED CONTENT TO US, YOU AGREE TO THESE TERMS, ON BEHALF OF YOURSELF AND THE COMPANY OR OTHER ENTITY THAT YOU REPRESENT (collectively, “you”). IF YOU DO NOT AGREE, DO NOT USE THE SITE.
These Terms govern access to and your use of the Site. Products and services that we offer through the Site may be subject to separate or additional terms and conditions, which are hereby incorporated into and constitute part of these Terms, and which can be found at: https://www.thermofisher.in/chemicals/en/resources/terms-conditions.html.
In the event of a conflict between the Terms and any of the terms and conditions shown on the website linked above, the terms and conditions shown on the website linked above shall take precedence but only to the extent of the conflict.
2. Permission to Access the Site
Subject to your adherence to the Terms, we hereby grant you a non-exclusive, non-transferable, revocable license to access the Site using an industry-standard web browser and use the Site. Unless otherwise expressly stated, nothing on the Site constitutes an offer or solicitation to conduct business in any jurisdiction.
3. Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your user ID and password, and for any and all activity that occurs through your account as a result of your failing to keep this information secure, confidential and up-to-date. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your user ID, password or account as a result of your failing to keep your account information secure, confidential and up-to-date.
You may not use anyone else’s user ID, password or account at any time. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
You must comply with the Terms and all applicable laws and regulations when accessing or using the Site or communicating with us.
You must not do or attempt to do any of the following:
- use the Site to submit, store or transfer:
- any content that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property rights;
- false information or misrepresent information in any ways that could damage us or any third party;
- material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law;
- material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- use the Site to send unsolicited marketing messages, unless you obtained prior consent from the recipient or otherwise comply with applicable law;
- view another person’s account or impersonate another person;
- interfere with or disrupt the integrity or performance of the Site;
- use any means to gain unauthorized access to the Site or any of our systems, networks or accounts;
- probe, scan or test the vulnerability of the Site or any network connected to the Site;
- breach the security or authentication measures on the Site or any network connected to the Site;
- pretend that you are, or that you represent, someone else, or impersonate any other individual or entity;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or thermofisher.com;
- use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, obtain, copy or monitor the Site;
- use or export or re-export any component of the Site or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations; or
- resell or charge others for use of or access to the Site.
Not all products and services shown on the Site are available in all geographical areas. Your eligibility to receive any product or service is subject to approval by us.
5. User-Generated Content
Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit to us, including but not limited to by posting it on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us (“User-Generated Content”) shall be deemed non-confidential and non-proprietary.
By submitting any User-Generated Content to us, you grant to us, our agencies, and third-party service providers, media and digital companies and properties, social media services and platforms, and any other representative or designee of the foregoing (collectively, “Thermo Fisher Parties”) a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, “Use”) your User-Generated Content, in whole or in part. You also grant Thermo Fisher Parties the right to Use your username, and, if provided in connection with your User-Generated Content, real name, image, likeness, caption, location information or other identifying information, in connection with Use of your User-Generated Content.
Subject to applicable law, you agree that Thermo Fisher Parties may Use your User-Generated Content for any purpose whatsoever, including, without limitation, advertising, marketing and promotional purposes, and in any media whatsoever now or hereafter existing or developed. You will retain all ownership of your User-Generated Content, subject to the license granted herein. You authorize Thermo Fisher Parties to make copies of your User-Generated Content and retain your User-Generated Content and copies as necessary to facilitate the Use of your User-Generated Content. You agree that Thermo Fisher Parties do not have any obligation to Use any of your User-Generated Content. To the fullest extent permitted by law, you waive: (i) any right to review, inspect or approve the Use of your User-Generated Content in any format or media, whether that Use is known to you or not; (ii) any right to royalties or other compensation arising from or related to the Use of your User-Generated Content; and (iii) any claim or assertion of moral rights or attribution in favor of Thermo Fisher Parties with respect to your User-Generated Content.
By submitting or posting your User-Generated Content, you represent and warrant that: (i) you are at least the age of majority in your jurisdiction; (ii) neither your User-Generated Content nor the Use of your User-Generated Content as permitted herein will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, contractual, personal or other rights of any person or entity or any applicable laws; and (iii) you own or have obtained all necessary rights and permissions to grant the rights described in these Terms, including without limitation, permission from everyone featured in your User-Generated Content to grant these rights on their behalf.
6. Intellectual Property Rights
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site (collectively, “Site Content”), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Site Content, and any improvements, changes or enhancements thereto, are owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws.
No Site Content or any other aspect of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. We reserve all intellectual property rights in the Site Content and Site.
7. Violation of the Terms
You acknowledge and agree that we may preserve and disclose any information we have about you and your use of the Site where reasonably necessary to: (1) comply with legal process; (2) enforce these Terms; (3) protect the rights, property or personal safety of any party, including thermofisher.com, its affiliates, employees, officers, directors, suppliers, assigns, successors, agents and representatives, and any third-party users of the Site.
You also agree that any violation by you of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that we may have at law or in equity.
We also reserve the right, to the greatest extent permitted by law, to cancel, terminate, and remove your account and any contents generated by you within the Site, at our sole discretion and at any time. Access to and use of password-protected or otherwise secured areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access such areas of the Site may be subject to prosecution in addition to any other remedy available at law or equity, including the suspension or termination of access to the Site.
8. Disclaimer of Warranties and Conditions
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SITE “AS IS,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY IMPLIED WARRANTIES OF ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
To the fullest extent permitted by applicable law, we reserve the right to do any of the following, at any time, without notice:
- Modify, suspend or terminate operation of or access to the Site;
- Modify or change the Site, and any applicable policies or terms; and
- Interrupt the operation of the Site as necessary to change the Site at our sole discretion.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ASSIGNS, SUCCESSORS, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATED PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, AND LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY SITE CONTENT IS TO STOP USING THE SITE OR ANY SUCH SITE CONTENT.
You use and access the Site at your own risk. To the maximum extent permitted by applicable law, we and our Affiliated Parties shall assume no responsibility and shall have no liability, on any basis, for any errors or omissions on the Site, except where, under mandatory applicable laws, liability cannot be disclaimed. We do not warrant that your access to or use of the Site will be uninterrupted or error-free, or that you may obtain any particular results by use of the Site. The limitations of liability set forth in the Terms are part of the bargain between you and us.
You agree to indemnify, defend and hold harmless us and our Affiliated Parties and Thermo Fisher Parties from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from or related to your use of the Site, any violation by you of these Terms, any Use by us of your User-Generated Content, or our termination of your access to or use of the Site.
11. Linking and Third Party Sites
12. Governing Law and Forum
The Terms shall be governed by and construed in accordance with the laws of India and courts in Mumbai alone will have jurisdiction to settle any claim or controversy arising out of or relating to these Terms or the breach thereof.
No Waiver. Our failure to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of any right.
Compliance with Applicable Laws. You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
Severability. If any provision of the Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
Assignment. We may assign our rights and duties under these Terms to any party, or we may replace the contractually bound entity by way of novation by posting on the Site or updating these Terms with the name of another entity, at any time without prior notice to You.
Relationship. Nothing contained herein shall deem or construe you and us to be partners, joint venturers, principal-agent or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever.
Privacy Statement. We collect and use personal data and personal information in connection with the Site in accordance with our Online Privacy Statement: https://www.thermofisher.com/us/en/home/global/privacy-policy.html#tfs_priv_na.
Entire Agreement. The Terms constitute the entire agreement between you and us with regard to your access to and use of the Site, and any and all other written or oral agreements or understandings previously existing between the parties with respect to such use are hereby superseded and cancelled.
Effective as of 23 July 2020