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Terms & Conditions

1.    General provisions

These Terms and Conditions (“the Terms and Conditions”) is an agreement concluded by and between Tomums (in the Agreement Tomums refers to Guangzhou Tomums Life Science Co., Ltd.) and the user concerning use of Tomums’ online services (“the Services”) by the user. For the purpose of the Terms and Conditions, “user” refers to a representative authorized by a qualified unit or organization that accepts the online services provided by Tomums, and is sometimes mentioned as “you” in these Terms and Conditions. Tomums’ website (“the Site”) includes "www.tomums.com" and "www.toumus.cn".

2.    Acceptance of terms

By using Tomums Site or purchasing and accepting delivery of products supplied by Tomums (“Products”) you agree to be bound by these terms and conditions (the “Terms and Conditions”).  Terms or conditions contained in any order form or other document submitted by you which are inconsistent with, or in addition to, these Terms and Conditions are rejected, objected to and shall be deemed void and of no force or effect.

3.    Content of the Services

Online services of Tomums, mainly including product searching, online purchasing of reagents and related scientific research services, and also including after-sale services.

4.    Registration

1)    When applying for Tomums’ online service, you must provide accurate user information to Tomums. The registration email must be an email box of an entity. If there is any change in the user information, it must be updated in time. Tomums assumes no liability for any damages caused by inaccurate, incomplete or untimely updated user information to the user. Besides, Tomums reserves the right to claim compensation from the user for any loss caused by above reasons.

2)     After the user is successfully registered, the user name and password will be centrally assigned by the administrators of Tomums Site and will be held by the user; the user shall be legally liable for all activities and events conducted using the account. If there is an abnormal condition, for example if your account is stolen by others, please notify Tomums immediately to make changes. Tomums will not assume any legal or financial liability for losses caused by reasons not attributable to Tomums, such as divulgence or loss of user name and password. Where loss or potential loss is caused by divulgence of user information such as user name and password by the user, the user shall bear corresponding legal and economic liabilities.

5.    Legal rules

1)     You shall comply with relevant laws and regulations;

2)     You shall not use the online service system for any illegal purpose;

3)     You shall comply with all network protocols, regulations and procedures related to network services;

4)     You shall not use the online service system to conduct any behavior that goes against Tomums;

5)     You shall notify Tomums immediately if you find any illegal use of user accounts or security breaches.

6)     Tomums reserves the right to determine whether your behavior on the Site complies with the Terms and Conditions and the requirements of relevant national regulations on online behaviors. In case of violation, Tomums may freeze your account and suspend the Services provided to you.

6.    Patent Disclaimer

Tomums does not warrant that the use or sale of the Products delivered hereunder will not infringe the claims of any China and any other country or other patents covering the product itself or the use thereof in combination with other products or in the operation of any process.

Distributor's Use of Products — Tomums's Products are intended primarily for laboratory research purposes and, unless otherwise stated on product labels, in Tomums's product directory or in other literature furnished to Distributor, are not to be used for any other purposes, including but not limited to, in vitro diagnostic purposes, in foods, drugs, medical devices or cosmetics for humans or animals or for commercial purposes.  Distributor acknowledges that the Products have not been tested by Tomums for safety and efficacy in food, drug, medical device, cosmetic, commercial or any other use, unless otherwise stated in Tomums's literature furnished to Distributor.  Distributor expressly represents and warrants to Tomums that Distributor will properly test, use, manufacture and market any Products purchased from Tomumns and/or materials produced with Products purchased from Tomums in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted.

Distributor has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using Products purchased from Tomums. Distributor also has the duty to warn Distributor's customers, employees, contractors, agents and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the Products.  Distributor agrees to comply with instructions, if any, furnished by Tomums relating to the use of the Products and not misuse the Products in any manner.  If the Products purchased from Tomums are to be repackaged, relabeled or used as starting material or components of other products, Distributor will verify Tomums's assay of the Products.  No Products purchased from Tomums shall, unless otherwise stated, be considered to be foods, drugs, medical devices or cosmetics.

7.    Instructions on ordering

1)     Accurate ordering: Before ordering products using the Site, you must carefully check the technical specifications of the products. If you are not sure, you shall immediately consult customer service personnel of Tomums. Once the order is confirmed, it shall be deemed that you have recognized the technical specifications of the product. The technical specifications and package form of the product are subject to ex-works standards. Any special requirements shall be brought forward in writing before ordering so that accurate ordering can be achieved.

2)     Order confirmation: After an order is submitted, if Tomums does not receive any comments from you before delivery, it shall be deemed that you have confirmed the order.

3)     Order change: After an order is confirmed, in most cases it will not change, so no additional confirmation is needed. In special cases such as temporary shortage of stock, Tomums will promptly inform you about this. In this case, Tomums will not bear any direct or indirect economic liabilities arising therefrom.

4)     Order cancellation: After an order is submitted and becomes effective, any change to the order needs consent of Tomums, as such change may affect other terms or conditions such as price, stock and delivery date. After an order is submitted, you cannot cancel it unilaterally, and may cancel it only upon consent of Tomums. Where you cancel an order unilaterally, you shall pay a penalty amounting to 100% of the total contract value.

5)     Quality standards: Subject to the product specifications and statements published on the Site. Before purchasing a product, please carefully check its technical specifications.

6)     Delivery and delay: The delivery date specified by Tomums refers to the date when Tomums delivers the product to a carrier (express delivery company, logistics company, etc.), instead of the date when the product is received by the buyer. After Tomums delivers a product to the carrier, it shall be deemed that the delivery has been completed. In case of a delay in receiving the product by the user due to causes attributable to the carrier, natural disaster, accident or other force majeure event, it shall be deemed that normal delivery has been completed if the delay is within 30 days; if the delay exceeds 30 days, the buyer may cancel the order.

7)     Product returning/changing: For the policies on product returning/changing, refer to Return Policies under the guide to buyers on the Site.

8)     Special reminder: The price and delivery date information provided on this website does not constitute an offer, and relevant agreements shall be subject to the formal written purchase order (contract) sent by Tomums to you for confirmation.

8.    Privacy policy

1)     General

This Privacy Policy describes the ways in which Tomums (referred to hereinafter as “we”) collects, holds and uses information about individual persons who visit the Site (www.tomums.com). By using the Site, you consent to the collection and use of information (including personal data) as set forth in this privacy policy. You also acknowledge that we may periodically change, modify, add or remove or otherwise update this privacy policy in our discretion. When we do make any changes, modifications, additions or removals to this Privacy Policy, we will give you notice of the revised Privacy Policy by posting the revised Privacy Policy on the Site. All users are obligated to accept the revised Privacy Policy. You are responsible for regularly reviewing the current privacy policy. This Privacy Policy applies only to information we collect from the Site and does not apply to any other website or business activity of Tomums.

2)     Information collection

The term “Personal Data” as used in this Privacy Policy refers to information such as your name, e-mail address, mailing address, telephone number, and any other information that can be used to identify you or permit us to contact you physically or online. We may collect Personal Data when you register with the Site, place an order on the Site, send us an email or otherwise contact us through the Site, or if you voluntarily choose to provide it to us.

You can choose not to provide Personal Data to us. However, if you do not provide such information, you will not be able to register to use all functions the Site, so your ability to use the Site will be limited to those web pages available to unregistered users of the Site. Additionally, you will not be able to place orders on the Site, but you may contact us via email or other means.

The term “Automatic Information” is information automatically collected by our web server (which may be hosted by a third party) that your web browser makes available whenever you visit our Site, such as your computer’s IP address, browser type, operating system version, and information about the website that you visited before visiting the Site). The term “Automatic Information” includes “cookies” and “tags”, each of which the Site use (as hereafter described). A cookie is a small text file that a website’s server places on a computer’s web browser. The cookie stores information which may be read by the website’s server about the browsing activities of the computer user on the Site. This includes information such as pages and content viewed, the time and duration of visits, search queries entered into search engines, and whether a computer user clicked on an advertisement. Cookies also can be used to maintain data related to a particular individual, including passwords or items in an online shopping cart. In some contexts, such as where a number of separate websites participate in a network, cookies can be used to track a computer user across different sites. Cookies do not alter your hard drive in any way and cannot be used to access any personal information from your computer. Cookies are used as a standard practice by many sites. We understand that this might make you uncomfortable. If you would prefer not to accept cookies from our Site or any other site, you can modify the setting on the web browser installed on your computer. Please refer to your browser’s online help feature or the user’s manual for instructions on how to do this. However, if you refuse to accept cookies from the Site, it is possible that all or some portions of the Site may not function as intended.

3)     Use of information

Most of our services do not require any form of registration, allowing you to visit our site without telling us who you are. However, some services offered on the Site may require you to provide us with Personal Data. In these situations, if you choose to withhold any Personal Data requested by us, it may not be possible for you to gain access to certain parts of the Site and for us to respond to your query.

We may collect and use Personal Data for any business purpose, including, but not limited to, the following: to provide you with products or services, to fill, confirm, ship and bill you for products and services you request (and notify you of your order status), to market products and services which we think may be of interest to you, to communicate with you for marketing and promotional purposes via targeted postal pieces or personalized emails, to respond to emails, to provide customer support; to establish your online account, or to communicate with you for other purposes which are evident from the circumstances or about which we inform you when we collect Personal Data from you.

You provide Automatic Information to us merely by visiting the Site. We may collect and use Automatic Information to customize your site experience, to generally help us learn about the usage of the Site, to help us run and maintain the Site, to study traffic patterns, to help us recognize visitors when they visit our Site again, to identify the website visitors visited immediately before visiting the Site, and other similar uses.

4)     Non-disclosure of information

We will not sell Information to any outside company or third party; provided, however, that information collected from you may be transferred to a third party in the event that the business of this site or a part of it and/or the customer data connected with it is sold, assigned or transferred, in which case the Information would remain subject to the terms of the pre-existing Privacy Policy in place at the time such Information was collected or updated. We may disclose your Information to Tomums affiliates worldwide. All of our affiliates agree to treat your Information in accordance with this Privacy Policy or in accordance with practices at least as protective as those described in this Privacy Policy. Information may also be transferred to third parties who act for or on our behalf, for further processing in accordance with the purpose(s) for which the data were originally collected or may otherwise be lawfully processed, such as: suppliers who deliver your order and/or provide billing services; credit card companies for payment processing; and other third parties who provide services to us and who agree to maintain the confidentiality of such information in accordance with this Privacy Policy (or a policy with terms at least as protective as those described herein). These third parties may provide a variety of services to us including, without limitation, hosting the Site, providing technical support, processing and storing user information, updating your customer information records in our database (including both physical address and email address verification), and sending or coordinating the sending of marketing communications on our behalf. These third parties have contracted with us to only use Personal Data for the agreed upon purpose. These third parties are not authorized to: (i) sell your Personal Data to third parties, (ii) disclose it to third parties except as may be required by law, as permitted by us or as stated in this Privacy Policy; or (iii) otherwise use your Personal Data in a manner inconsistent with the uses described in this Privacy Policy.

We may disclose Information in special cases when we have reason to believe that disclosing the Information is necessary to identify, contact, or bring legal action against someone who may have breached our Terms and Conditions of Use or who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the Site, or anyone else who could be harmed by such activities. We may also disclose Information when we reasonably believe that the law requires it.

5)     Correction, updating and deletion of information

Whenever we process Personal Data, we take reasonable steps to ensure that your Personal Data is kept accurate and up-to date for the purposes for which it was collected. If you wish to contact us regarding our use of your Personal Data or object to the processing of your Personal Data, please email us at Info@tomums.com. If you contact us, please note the name of the website where you provided your Personal Data, as well as the specific Personal Data information you would like us to correct, update or delete plus a proper identification of you.

6)     Security and confidentiality

To ensure the security and confidentiality of Information that we collect online, we use data networks protected, inter alia, by industry standard firewall and password protection. We take measures reasonably designed to protect your Personal Data from loss, misuse, unauthorized access, disclosure, alteration or destruction. Unfortunately, information transmitted on the Internet and/or stored on systems attached to the Internet is not 100% secure. As a result, we do not ensure, warrant or guarantee the security or integrity of such information. We will not be responsible for disclosure of any Information due to errors in transmission or the unauthorized acts of third parties. You help to maintain the security of your Personal Data stored in our systems by keeping your username and password confidential and protecting against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

7)     Data transfer

Tomums has databases in different countries, some of which are operated locally, and some of which are operated by third parties on our behalf. We may transfer your Information to one of our databases outside your country of domicile, but in all such cases, we will: (i) ensure the standards of security with respect to such databases holding your Personal Data will equal or exceed the standards of protection as existed prior to such transfer; and (ii) ensure that any affiliate to whom your Personal Data is transferred will process the same in accordance with standards at least as protective as those set forth in this Privacy Policy.

8)     Children protection

The services available on the Site are intended for persons 18 years of age and older. We will not knowingly collect, use or disclose Personal Data from a minor under the age of 18. We abide by laws designed to protect children.

9)     Links to other sites

While you are using the Site, you may be linked or directed to other third party sites outside of the Site that are beyond our control. Each of these third party sites may have a privacy policy different from ours. For example, you might click on a link or banner ad that will take you off the Site. These links and banners may take you to sites of advertisers, sponsors and co-branding partners. Please review the privacy policies of these sites. We are not responsible for any actions or policies of such third parties.

9.     Special reminder

The online ordering service provided to registered users through this website involves biochemical reagents. In view of the complexity and particularity of biochemical reagent ordering service, please familiarize yourself with the following: According to relevant regulations, users should be aware of applicable laws and regulations and operational knowledge for ordering biochemical reagents. Special reminder: The entity using biochemical reagent must be qualified for such use, and the individual user must have been authorized by the qualified entity.

Tomums's products, if third-party patents are involved, may only be used for scientific research by the user and may not be used for other commercial purposes. Otherwise, the user shall bear all the legal liabilities arising therefrom.

Tomums's products can only be used for scientific research purposes, and cannot be used for any illegal purpose such as human testing, medicine and veterinary drug.

10.   Legal jurisdiction

All disputes arising from the contents or performance of the Agreement shall be settled by the two parties through friendly negotiation whenever possible; where the negotiation fails, either party may file a lawsuit in the people’s court with jurisdiction over Tomums.

11.  Miscellaneous

Tomums owns the right to explain, modify and ultimately interpret the Agreement.