Terms and Conditions of Use

These Terms of Service (hereinafter “TOS”) apply to our Biocytogen website (http://web-dev.biocytogen.com.cn/), and the use of the services offered in our website by end users. The website and services therein are provided by Biocytogen Boston Corp (“we”, “our” or “us”).

Limitation and liability exemption clauses may be highlighted in bold for your special attention, without prejudicing your sole responsibility of having read and understood this entire TOS.

When you access our website and complete the process of user registration, you acknowledge that you have carefully read, fully understood and consented to each provision of the TOS, particularly those provisions that restrict or exempt liabilities. The terms of TOS may be updated or replaced from time to time by feature enhancements, software updates or system restore under product specifications and local law requirements. If you do not understand or agree to any of the terms, you should immediately stop using related services therein.

You confirm and agree that the functions or services contained in the website may have discrepancies, inaccuracies, deficiencies, or delays and may not be used in emergency circumstances. We will make reasonable efforts to ensure that there is no or only minimal inaccuracy, deficiency, or delay in respect of such functions or services. You acknowledge that we make no undertakings, warranties, guarantees or representations as to whether these services will meet your expectation, or whether the information obtained via these services is accurate or reliable. You also confirm and agree that some of these functions or services may be unavailable at some times and under certain circumstances, for example, the carrier network and/or device settings may prevent the website from receiving remote commands with respect to the services.

We grant you a global, private, non-exclusive, non-transferable, revocable licence to install, use, access to our website in accordance with this TOS for non-commercial use. Such licence carries no right to sub-license. We may suspend, restrict or terminate (wholly or partially) your rights to use our website at our discretion if you breach this TOS.

All actions carried out using the website are deemed to have been conducted by you and the organization you represent for. You bear the consequences of any such actions, and we may, at our discretion, suspend, restrict or terminate your use of our website (or any part of services therein) for any breach of your obligations. If you suspect your user account has been compromised, you must report this to us immediately to mitigate any risk of loss to you or to us.

You are prohibited from any activities on our website and in connection with the use of their services that violate the TOS, applicable law or morality. In particular, you undertake to comply with applicable law and not to infringe the rights of us or other third parties.

You must not gain unauthorized access to any portion of our website, or to any of the services offered on the website, or to any other systems or networks connected to any of our server.

You must not interfere with or attempt to interfere with the proper operation of our website and other enterprises and their personnel’s use of the website by any means, including but not limited to using any device, software, or program.

You must not use our website and content therein to produce, read, copy, or disseminate any information that is illegal, to infringe on any other person’s rights, or to disturb the social order and undermine social stability. You shall not use our website and content therein to engage in any activity that endangers cyber security and any computer system.

To the extent permitted by law, you are liable for, and we have no responsibility to you or any third party for, your use of the website or any breach of your obligations under the TOS or the consequences of your actions, including any loss or damage which we may suffer.

The website is developed and produced by us. As between you and us, we own all intellectual property rights in and to the website. Except as expressly stated in this T&C, nothing grants to you any rights or interest in any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by us. You only have a limited right to use the website, but you are not entitled to any other rights or derivative rights. The use, reproduction, dissemination, exhibition, exploitation, commercialization or any other use, whether partial or total, identical or confusing to any extent, by any means including but not limited to print, magnetic, optical, electronic or computerized, is expressly prohibited without prior written authorization from us. Any breach of the above or applicable law on intellectual property may result in civil liability or be considered and prosecuted as a direct criminal offense.

For specific measures regarding our processing of your personal information, please refer to our Privacy Policy.

Without limiting anything else in this TOS and to the extent permitted by applicable law, we and our subsidiaries and affiliated legal entities disclaim and make no guarantees or warranties, express or implied, in respect of the website, including for merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. The website provided on an “as is” and “as available” basis and should not be relied upon for any specific purpose. We make no guarantee that the website will be error-free, accurate, uninterrupted, timely or secure. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

You acknowledge that there are inherent risks in using Internet-based services and software which requires the use of the Internet (including data privacy and security risks) and in view of the particular nature of Internet-based services, you understand and agree that we do not assume any responsibility for any losses (including but not limited to losses in property, revenue, data files, personal data and other aspects or other intangible losses) that you may suffer in the course of using the website that arise in connection with events out of our control.

To the extent permitted by applicable law and subject to clauses 7.5 and 7.6 below, in the event that we incur any liability in connection with this TOS or the operation of website and such liability is not otherwise limited or excluded by the terms of this TOS, our liability will be limited to reasonably foreseeable damages.

Subject to clauses 7.5 and 7.6 below, our overall and aggregate liability to you will be limited to the fees you have paid in respect of the website for the month during which the loss or breach occurred (or up to $1 if the website services you registered are free).

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we will not be liable for any losses that are not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, liability for damages caused by wilful misconduct or gross negligence, or any breach of the obligations implied by applicable consumer protection laws.

We will not be responsible for loss of profit, loss of business, business interruption, or loss of business opportunity.

Neither Biocytogen Boston Corp nor any of its affiliates, subsidiaries, directors, agents, employees or other representatives shall be liable for any direct, indirect, special, incidental, consequential, punitive, and/or exemplary damages including without limitation, loss of profits or revenues, loss of data, and/or loss of business, in connection with our website or the use of or inability to use our website or reliance on the contents contained herein, even if we are advised of the possibility of such damages. Unless otherwise agreed in writing by us in any sales contract, to the extent permitted by the applicable law, we shall not be liable for the materials of our website, regardless of the reason of the liability or the tort theory it based on.

The TOS is governed by the laws of the United States, except as otherwise provided by any mandatory applicable law in your jurisdiction in which case the governing law in relation to all or particular rights and obligations of the parties shall be the laws of your usual place of residence.

To the extent permitted by applicable law, you and we shall first turn to amicable negotiations to resolve any dispute or issue in relation to the website arising from this TOS. In the event that no resolution can be concluded within 30 days from the date when such dispute has first been raised by either party, either party shall have the right to submit the dispute (which may be contractual or non-contractual) to the competent US Court as the exclusive dispute resolution venue, with the only exception that if the mandatory law and courts in your country provide you with an inalienable right for consideration of the dispute in your local jurisdiction and venue, then the courts of your usual place of residence will apply to such disputes related to the TOS. This does not affect your right to start proceedings to protect your legal position.

We reserve the right to update the TOS from time to time as and when necessary. We will inform you of any revision to the terms of this TOS via email you registered or the website, and such revision shall take effect from the date as stated therein. You are recommended to regularly check the relevant service page of our website for the latest versions of the TOS. Subject to applicable law, if you continue to use the products and services of our website, this shall be deemed to be consent to the change of the TOS.

Subject to the applicable law, we have the right to terminate your use of our website (and thereby this TOS) at any time if you breach the terms of the TOS. Termination will not affect rights, obligations and liabilities accrued before the date of termination.

Headings used in this TOS are for convenience and ease of navigating this TOS and shall not be used as any basis on which the meaning of the TOS shall be interpreted.

If any term of this TOS is found to be invalid or unenforceable, whatever is the cause, the validity of the remaining terms shall not be affected, and they shall continue to be legally binding on you and on us.

You must comply with any and all applicable domestic and international export laws and restrictions, including any restrictions on destinations, end users and end use. We reserve the right to suspend, restrict or terminate your use of our website or any part of them for the purpose of complying with any such export laws and restrictions.

Complaints, grievances, questions and comments can be asserted or submitted under the contact details stated in the following corporate information.

by e-mail: rensuper@biocytogen.com

by mailing to: 300 Third Ave, FL6, Waltham, MA, 02451, USA.