GENERAL TERMS OF SALE

This is a legal agreement between you (meaning you as an individual if acting on your own behalf, or the company that you represent if you are acting on behalf of such company) and Instant Chemistry Inc. (“Instant Chemistry”). By placing an order or making a purchase of a product (“Product”) from the Instant Chemistry website (the “Site”), you agree to these terms of sale (“Terms”) set out below, along with Instant Chemistry’s Privacy Policy and Website Terms of Use. These Terms may be updated by Instant Chemistry from time to time, and it is your responsibility to review these Terms each time you make a purchase from the Site.

BY CLICKING ON THE BUTTON TO SUBMIT AN ORDER, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT CLICK THE BUTTON TO SUBMIT AN ORDER.

ORDERING

These Terms shall apply to all orders for Product placed by you through the Site, or as otherwise referenced in a written agreement between you and Instant Chemistry. You acknowledge that the information contained on the Site may contain technical inaccuracies or typographical errors. The Site, all content available on the Site, and all related communications are provided on an “AS IS” basis. We make no representations or warranties as to the completeness, accuracy, adequacy or reliability of any information contained on the Site.
To place an order, you must:
(a) provide up-to-date, complete and accurate registration information as requested by us on the Site, which may include your first and last name, institution name, mailing address, phone number and email address;
(b) provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you; and
(c) be at all times in compliance with the terms and conditions of these Terms and applicable law, including the requirement to be 18 years of age or older.
You specifically agree that Instant Chemistry may rely on the accuracy of the information provided by you to Instant Chemistry, and that Instant Chemistry will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Instant Chemistry.
All Products available through the Site are intended for end-user customers only. You may not purchase Products for resale, and we reserve the right to refuse or cancel your order, or to deny you any return rights, if we suspect you are doing so.

DELIVERY AND SHIPPING

All orders are subject to acceptance by Instant Chemistry, and any rejection of an order shall be made in Instant Chemistry’s sole discretion, regardless of whether the order was confirmed through the Site. If you have been charged for an order that is subsequently rejected by Instant Chemistry, Instant Chemistry will refund the amount of that order to your credit card.
Instant Chemistry will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of resources at the time of order placement. Instant Chemistry shall therefore not be liable in any way for any delay or damage arising from Instant Chemistry’s failure to meet your delivery requirements or any delivery dates.  Risk of loss for products shall pass to you upon delivery to the carrier, and you are responsible for pursuing the carrier for any loss occurring in transit.
You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect products in the shipment, you must notify Instant Chemistry immediately.

PRICING AND PAYMENT

All prices are in US dollars unless otherwise expressly stated in writing. Where you are making payment in a currency other than US dollars, the currency exchange rate that applies is the one in effect at the time your payment is processed, not the one that was in effect on the date that you placed your order. Instant Chemistry reserves the right to change its standard prices without notice.
Prices are exclusive of, and you will pay: (a) all applicable federal, state, provincial and local taxes (including all applicable sales, use, consumption, goods and service, value added, and withholding taxes), unless you have provided Instant Chemistry with an appropriate tax exemption certificate or number, and (b) all fees and charges related to customs, duties and brokerage. Instant Chemistry may charge sales tax for sales of Products through the Site. Any sales tax charged will be indicated during the checkout process.
As you are the importer of record in the destination country, you are responsible for all Import Fees, to ensure that the Products can be lawfully imported, and to comply with all laws and regulations of the destination country. With respect to each item for which Import Fees have been calculated, you authorize us to designate a carrier (“Designated Carrier”) to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, and, if applicable, process and remit your actual Import Fees for such item. Your order may include an estimate (“Import Fees Estimate”) of some or all of the Import Fees that will be levied on the items in your order for shipment. By placing your order, you agree to allow us to collect the Import Fees Estimate for the applicable items in your order. This amount will be used, on your behalf, to reimburse the Designated Carriers for the Import Fees that they have paid on your behalf to the appropriate authorities of the destination country. The Import Fees Estimate may or may not include customs duties. If they do not include customs duties, you will be responsible for making arrangements with the customs authorities for payment of duties. The Import Fees Estimate may be more or less than the final actual amount of Import Fees due and payable. We have no control over the Import Fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your purchase. You agree and acknowledge that (a) the actual Import Fees may be more or less than the Import Fees Estimate and (b) you will NOT receive any refund in the case that the actual Import Fees differ from the Import Fees Estimate.
Where your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection, as well as interest on the amount owing. Interest will be the lesser of 1.5% per month or the maximum rate permitted by law, commencing on the date that your credit card was rejected. Instant Chemistry may, in its sole discretion, delay shipment of, or cancel, your Product order where your credit card is rejected.

RETURNS

Products may be returned to Instant Chemistry for complete refund within thirty (30) days of delivery. In order to be eligible for refund, returned products must not be used or damaged by misuse, abuse, or disassembly. Shipping of all returns is your responsibility and at your sole expense. Please consult Instant Chemistry for details about its return procedures. You acknowledge that this 30 day return policy is considered in satisfaction of applicable statutory “withdrawal rights” or “cooling off periods”, and you waive all such statutory rights.

TITLE, INTELLECTUAL PROPERTY AND USE RESTRICTIONS

You do not acquire any intellectual property or other proprietary rights under these Terms, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to Instant Chemistry products, software or any part thereof. Your only rights to Instant Chemistry products, software, or any part thereof shall be those rights expressly licensed or granted to you under these Terms or in a separate, mutually agreed upon, written agreement between you and Instant Chemistry. Any rights not expressly granted under these Terms are reserved.
Except to the extent expressly agreed upon in writing by you and Instant Chemistry, you shall not, and you shall not permit any third party to, copy, reproduce, distribute, modify, decompile, disassemble or reverse engineer the Products or any software provided to you by Instant Chemistry as part of the Products, nor shall you use the Products except to facilitate your internal business functions or for personal, non-business-related use.
By providing Instant Chemistry with your DNA you agree to allow Instant Chemistry to collect information about the genetic make-up of your Major Histocompatibility Complex and genes related to serotonin, oxytocin and dopamine function. There is no known health risks involved in collecting your DNA with saliva. The genetic tests that will be performed do not tell you anything about your health or health problems which you or your family may have.
You agree to have Instant Chemistry use the results of your DNA test to determine your romantic compatibility with others who have taken the test. This includes your biological compatibility, neurocompatibility and psychological compatibility. In addition, to enhance its database and analysis procedures, Instant Chemistry may obtain additional genetic information that’s not personally identifiable from the sample you submit to validate and improve the scientific knowledge and protocols behind our proprietary compatibility assessment process.  You will not receive compensation for any revenue Instant Chemistry makes from you DNA sample. Instant Chemistry will own the results of any and all scientific knowledge and protocols developed with your DNA. You will remain the owner of the samples you provide. Your samples will be stored with Instant Chemistry and destroyed after the results have been delivered. You agree that Instant Chemistry may use your personal information to improve their matching algorithms. Any statistical analysis of single individuals or couples in a self-identified relationship will be stripped of all personal information in advance. The tube containing your DNA sample will be labelled with a unique identification number. This unique identification number will be used to link your DNA sample to the personal information you provide. Every effort will be made to ensure confidentiality of any identifying information that is obtained in connection with this test.
CHANGES
Instant Chemistry reserves the right to make changes in the design of its Products without the obligation to make equivalent changes to products that have previously been supplied to you.
Except as expressly set forth in these Terms, you shall not be entitled to change or cancel any order that has previously been accepted by Instant Chemistry without the prior written agreement of Instant Chemistry.

WARRANTY

Instant Chemistry warrants that, for a period of one (1) year from the date that the Products are delivered to you: (a) the Products will comply with Instant Chemistry’s specifications for such Products, and (b) the Products will be free from material defects in material, design and workmanship.
You must obtain a valid, written Return Materials Authorization (RMA) from Instant Chemistry as part of the warranty return process. Instant Chemistry reserves the right to refuse or return any Products sent back without an RMA.
If you notify Instant Chemistry of any such material defects or non-conformance within such one (1) year period and obtain the applicable RMA, Instant Chemistry will, at its option, repair or replace the Products. If Instant Chemistry is unable to repair or replace such Products within a reasonable timeframe, Instant Chemistry will refund you the amounts paid for such defective or non-conforming Products. All shipment of such Products is at your expense, unless Instant Chemistry otherwise agrees in writing.
The above warranty shall not apply to defects or non-conformities resulting from: (a) use of the Product in a manner contrary to, or not in accordance with, the documentation, guidelines or instructions provided by Instant Chemistry, (b) any modification, maintenance or repair of the products by anyone other than Instant Chemistry, (c) normal wear and tear, (d) external causes, or (e) your breach of these Terms. This warranty additionally does not cover Products marked as “sample” or sold “AS IS”.
Instant Chemistry does not warrant that your use of the Product will be uninterrupted or error-free.
The warranty set forth in this section is the exclusive warranty made by Instant Chemistry to you. Instant Chemistry disclaims all other representations, warranties and conditions, whether express or implied, including but not limited to any express or implied representations, warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, or any other warranty or condition arising by statute, custom or usage of trade related to the products provided hereunder. Some jurisdictions may not allow the exclusion or limitation of implied warranties and conditions. To the extent permitted by law, any implied warranties or conditions relating to the products and services to the extent that they cannot be excluded as set out above are limited to one (1) year from the date that the Products are delivered to you.

INDEMNITY

You shall defend, indemnify and hold Instant Chemistry, its successors, assigns, officers, directors, employees and agents harmless from any and all claims, damages, judgments, settlements, losses or expenses, including but not limited to attorney’s fees and charges, and court and arbitration costs, arising out of or relating to these Terms (including without limitation (a) a claim of infringement of any intellectual property or proprietary right arising from your combination or use of the Products with software, interfaces, or other materials that are not supplied or specifically authorized by Instant Chemistry, (b) a claim respecting any injury, death or property damage in connection with your use or misuse of the Products, (c) any third party claim arising from your unauthorized or improper use or modification of the Products, and (d) any third party claim arising out of your material breach of these Terms). This indemnity obligation excludes any direct damages to the extent arising from the gross negligence or willful misconduct of Instant Chemistry.
Instant Chemistry will defend, indemnify and hold you harmless with respect to amounts required to be paid to a third party, and all costs, expenses, and liability, including without limitation attorney’s fees and court costs, arising from a claim that the Products furnished and used within the scope of these Terms infringe(s) such third party’s copyright, patent or other intellectual property right enforceable in the territory in which you have been authorized to use such Products. Notwithstanding the foregoing, Instant Chemistry shall have no liability for any claim of infringement to the extent based on: (a) use of a superseded or altered release or version of any Product if the infringement would have been avoided by the use of a current unaltered release or version of such Product that Instant Chemistry has, as of the time the claim arose, made commercially available at no charge to you or (b) any claim for which you are obligated to indemnify Instant Chemistry.
Each party’s indemnity obligations hereunder are conditional upon: (a) the indemnified party notifying the indemnifying party in sufficient time to allow the indemnifying party to protect its legal interests; (b) the indemnifying party having sole control of the defense and all related settlement negotiations, provided, however, that the indemnifying party shall act reasonably and in good faith to protect the indemnified party’s interests, and (c) the indemnified party providing the indemnifying party with the assistance, information and authority necessary to perform the indemnifying party’s obligations under this paragraph. Reasonable out-of-pocket expenses incurred by the indemnified party in providing such assistance will be reimbursed by the indemnifying party.

LIMITATIONS OF LIABILITY

In no event will Instant Chemistry be liable under these Terms for any damages other than your direct damages to the extent arising from Instant Chemistry’s gross negligence or willful misconduct, and in no event shall Instant Chemistry’s aggregate liability exceed the amounts paid by you to Instant Chemistry for the Products that gave rise to the claim.
No claim may be brought against Instant Chemistry, whether in contract, tort or otherwise, more than two years after the Products were delivered.
Instant Chemistry reports are for information purposes only and are not intended to be used as medical advice. The advice in these reports is not intended to treat, diagnose or cure any medical condition or disease. Clients should not rely on this test to predict fertility and the health of their children but are rather encouraged to speak to their physician. Research into all the benefits of HLA dissimilarity were determined through population studies and do not necessarily translate into benefits for individual couples. For some women on birth control, the effects of HLA attraction may be reduced.
EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INSTANT CHEMISTRY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, DATA, USE OR OPPORTUNITY, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND WHETHER OR NOT INSTANT CHEMISTRY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUPPORT

Instant Chemistry shall not be obligated to provide any support or maintenance services for the Products unless otherwise expressly agreed upon in writing by you and Instant Chemistry. However, this provision does not relieve Instant Chemistry of its warranty obligations described in Warranty Section above.

CANCELLATION AND TERMINATION

Instant Chemistry may terminate these Terms upon written notice to you, and may also stop any products in transit to you and suspend the delivery of Products to you without penalty, if: (a) you commit a material breach of these Terms and fail to remedy such breach within thirty (30) days of receiving notice of such breach, or (b) you become involved in any legal proceeding concerning your solvency, have a receiver or administrator appointed of any of your assets, cease or threaten to cease operations, or otherwise have a serious and reasonable doubt arise respecting your solvency.
Upon termination of these Terms for your breach or insolvency: (a) all of Instant Chemistry’s performance obligations hereunder shall immediately cease, (b) your license to use any software provided to you hereunder shall immediately cease, and you shall either return all such software to Instant Chemistry or have an officer of your company certify that such software has been destroyed, and (c) any payments then due to Instant Chemistry become immediately payable in full.
Except as otherwise specified herein, neither party shall be entitled to terminate or cancel these Terms except with the prior written consent of the other party.

FEEDBACK

We would appreciate receiving your feedback on the usability of the Products, including feedback on any errors, problems, or other issues with the Products. We will use your feedback to aid in resolving Product issues and to improve our products, and may contact you to obtain further information. All personal information will be handled in accordance with our privacy policy.
You agree that Instant Chemistry shall own all feedback, including without limitation: ideas, concepts, or changes to the Product developed or identified in the course of these Terms or as the result of your use of the Product, and all associated intellectual property rights therein (collectively the “Results”), and hereby assign to Instant Chemistry all of your right, title and interest thereto.

MISCELLANEOUS

These Terms constitute the entire agreement between the parties and supersedes all previous agreements relating to the subject matter hereof. These Terms may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both parties. If any one or more of the provisions of these Terms is for any reason held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from these Terms. No waiver by either party of a breach or omission by the other party under these Terms shall be binding on the waiving party unless it is expressly made in writing and signed by the waiving party. These Terms, and all Product requirements, shall be governed by, and construed in accordance with, the laws of the Province of Ontario. It is the express will of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

CONTACT

If you have any questions or inquiries regarding these Terms or any order or purchase, please contact the Instant Chemistry support team through the contact details at https://www.Instant Chemistry.com/contact. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in your e-mail correspondence with us.
For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.

GENERAL TERMS OF USE

Welcome to www.instantchemistry.com and its associated webpages (the “Instant Chemistry Site”). By accessing, browsing and/or using the Instant Chemistry Site, you acknowledge that you have read, understood and agree to abide by and comply with these Terms of Use. Instant Chemistry reserves the right, in its discretion, to update or revise these Terms of Use and to post such updates on this site. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Instant Chemistry Inc., and/or its affiliates (“Instant Chemistry”) provide website features and other products and services to you when you visit or shop at the Instant Chemistry Site, use Instant Chemistry products or services, use Instant Chemistry applications, or use software provided by Instant Chemistry in connection with any of the foregoing (collectively, “Instant Chemistry Services”). Your access to the Instant Chemistry Site, and all Instant Chemistry Services, are subject to these Terms of Use. However, as we offer a wide range of Instant Chemistry Services, additional terms may apply to individual Instant Chemistry Services, and you may only be able to use certain Instant Chemistry Services (such as Instant Chemistry software) if you have executed an agreement with Instant Chemistry applicable to such Instant Chemistry Services, which may be in clickwrap form (a “Product/Service Agreement”). If these Terms of Use are inconsistent with a Product/Service Agreement relating to a specific Instant Chemistry Service, that Product/Service Agreement will control with respect to the specific Instant Chemistry Service.

PRIVACY

Please review our Privacy Policy, which also governs your use of Instant Chemistry Services, to understand our practices. Instant Chemistry reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request. You agree that Instant Chemistry may place a cookie or other small text file on any computer from which you access this site or the services.

USE OF THE WEBSITE

By accessing the Instant Chemistry Site, you warrant and represent to Instant Chemistry that you are legally entitled to do so.

AGE OF MAJORITY

If you are under the age of majority in your area of residence, you may use the Instant Chemistry Services only with involvement of a parent or guardian. Instant Chemistry reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.

ELECTRONIC COMMUNICATIONS

When you use any Instant Chemistry Services or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Instant Chemistry Site or through other Instant Chemistry Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement. When you provide Instant Chemistry with your e-mail address, or sign up to receive e-mail from us, you consent to receiving commercial e-mail.

INTELLECTUAL PROPERTY RIGHTS

Neither you nor anyone acting on your behalf may acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site. Any grants not expressly granted herein are reserved.

All contents of this site are © 2013-2014 Instant Chemistry Inc.

All content that is made available to view and/or download in connection with this site is owned by and is the copyrighted work of Instant Chemistry and is protected by copyright laws and international treaty provisions. You agree that you will not download any content without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.

INSTANT CHEMISTRY SITE LICENCE AND ACCESS

Instant Chemistry hereby grants you a limited license to visit, browse, access and use the Instant Chemistry Site subject to these Terms of Use, including the following limitations:

Except as expressly permitted by this Agreement, you may not download (other than page caching), modify, or alter the Instant Chemistry Site, or any portion of it, except with the express written consent of Instant Chemistry. This license specifically does not include: (1) any resale or commercial use by you of the Instant Chemistry Site; (2) any derivative use of the Instant Chemistry Site or its contents; (3) any use of data mining, robots, or similar data gathering and extraction tools; (4) any reproduction, duplication, copying, selling, reselling, re-posting or any exploitation of the Instant Chemistry Site or its contents for any public or commercial purpose without the express written consent of Instant Chemistry; (5) any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Instant Chemistry Site, or otherwise interferes with its proper functioning; and (6) mirroring of any material contained on the Instant Chemistry Site on any other server.
Unless otherwise specified, the content provided in this site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Instant Chemistry Site.
You may not attempt to gain unauthorized access to the Instant Chemistry Site and/or any Instant Chemistry computer systems or networks connected to the Instant Chemistry Site, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Instant Chemistry Site.
You will ensure that your use, or the use of any third party through you, of the Instant Chemistry Site and the Instant Chemistry Services does not interfere with, degrade, or adversely affect any Instant Chemistry software, system, network or data or that of any other users of the Instant Chemistry Site or the Instant Chemistry Services. You and anyone obtaining access to the Instant Chemistry Site or Instant Chemistry Services through you will not post or transmit any harassing, abusive, libelous, illegal, deceptive or otherwise offensive messages or information whatsoever.
You and anyone obtaining access to this website through you will not use the Instant Chemistry Site or any contents thereof to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortuous acts.
You shall not use, nor permit others to use, the Instant Chemistry Site in a manner or for a purpose contrary to these Terms of Use or any Product/Service Agreement.

ACCURACY OF INFORMATION

You may be permitted to or asked to submit information to Instant Chemistry. You expressly represent and warrant: (a) that you have the authority to provide Instant Chemistry with all such information; (b) that all such information may be used by Instant Chemistry for the purposes intended; and (c) that all such information shall be true, accurate, and complete. You agree that if any information you provide is false, inaccurate, obsolete, incomplete or provided without such authority, we may terminate your use of the Instant Chemistry Site and any or all Instant Chemistry Service(s).

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Instant Chemistry takes no responsibility and assumes no liability for any content posted by you or any third party. Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Instant Chemistry reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, you grant Instant Chemistry a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public such content throughout the world in any media. You grant Instant Chemistry and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Instant Chemistry for all claims resulting from content you supply. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM, YOU DO SO AT YOUR OWN RISK. No compensation will be paid with respect to the use of any information or content submitted by you. Instant Chemistry is under no obligation to post or use any information you may provide.

EXTERNAL LINKS

External links may be provided for your convenience, but they are beyond the control of Instant Chemistry and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. Instant Chemistry is not responsible if any third party website is not working appropriately. Other than to the extent required under applicable consumer protection law, under no circumstance will Instant Chemistry be liable for any loss or damage caused by your reliance on information obtained through the Instant Chemistry Site or a third party linked site (including any opinions, statements or advice), or your reliance on any product or service obtained from any user of the Instant Chemistry Site or any third party linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Instant Chemistry Site, or obtained from a third party linked site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party website to which this site is linked.

RISK OF LOSS

All items purchased from Instant Chemistry are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier (FCA Instant Chemistry facilities in Toronto, Ontario, Incoterms 2010). You therefore assume all responsibility for claims against the carrier for loss or damage.

PRICING

Unless otherwise provided, prices are in American currency. We generally do not charge your credit card until after your order has entered the shipping process. Prices are exclusive of, and you will pay, all applicable sales, use, consumption, goods and service, value added withholding, and all other applicable federal, state, provincial and local taxes. Prices are also exclusive of, and you will be responsible for payment of, all fees and charges related to customs, duties and brokerage.

INDEMNIFICATION

You agree to defend, hold harmless and indemnify Instant Chemistry, its affiliates, and their respective officers, directors, employees, consultants, agents, shareholders, licensors, sponsors and representatives from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use; (ii) your use of the content or services available on the Instant Chemistry Site in any unauthorized manner, or (iii) your violation of any law or of any third party rights.

SEVERABILITY

These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE INSTANT CHEMISTRY SITE, OR OBTAINED FROM A THIRD PARTY LINKED WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. INSTANT CHEMISTRY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL INSTANT CHEMISTRY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

Instant Chemistry assumes no responsibility for errors or omissions in the information which is referenced by or linked to the Instant Chemistry Site. IN NO EVENT SHALL INSTANT CHEMISTRY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED ON THIS SITE, (2) LOSS OF USE, DATA OR PROFITS, (3) DELAYS OR BUSINESS INTERRUPTIONS, (4) AND ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR INSTANT CHEMISTRY SERVICES, WHETHER OR NOT INSTANT CHEMISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

INTERNATIONAL USERS

The Instant Chemistry Site is controlled, operated and administered by Instant Chemistry (or its licensees) from its offices within Canada and is not intended to subject Instant Chemistry to the laws or jurisdiction of any state, country or territory other than those of Canada. Those who choose to access the Instant Chemistry Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to Canadian export controls and are responsible for any violations of such controls, including without limitation any Canadian embargoes or other federal rules and regulations restricting exports. Additional charges such as customs, fees, taxes, and import duties are the responsibility of the buyer. Without limiting the foregoing, Instant Chemistry may limit Instant Chemistry Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

VIOLATION OF THESE TERMS OF USE AND TERMINATION

Where feasible (in Instant Chemistry’s sole discretion), Instant Chemistry will advise you of any inappropriate behaviour on your part and any necessary corrective action. However, if this site or any Instant Chemistry Services are used in a way in which Instant Chemistry, in its sole discretion, deems to violate these Terms of Use, Instant Chemistry or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content or filtering of Internet transmissions, and termination of any Product/Service Agreement. Instant Chemistry shall not be liable in any way for any such responsive actions. The above-described actions are not Instant Chemistry’s exclusive remedies and Instant Chemistry may take any other legal, equitable or technical action it deems appropriate.

Instant Chemistry reserves the right to investigate suspected violations of these Terms of Use. You hereby authorize Instant Chemistry to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these Terms of Use.

Notwithstanding the foregoing, Instant Chemistry reserves the right to revoke your authorization to visit, browse, access and use the Instant Chemistry Site at any time without notice. All restrictions herein shall survive the termination of your right to visit, browse, access and use the Instant Chemistry Site.

APPLICABLE LAWS

Use of the Instant Chemistry Site and Instant Chemistry Services shall in all respects be governed by the laws of the province of Ontario, Canada, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Ontario courts located in Toronto, Ontario, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms of Use or to any contracts relating to goods or services obtained through this site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

CONTACT

If you have any questions regarding these Terms of Use or intellectual property matters, or if you have any legal concern relating to Instant Chemistry or its business or Instant Chemistry Services, please contact Instant Chemistry at:

Instant Chemistry Inc.
9-73 Railside Road
Toronto, ON M3A 1B2
Canada