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Terms and Conditions

Terms and Conditions

Welcome to the FlexiQule website (the “Site”) which is owned and operated by Alchem International Limited (collectively, “Alchem”, “Company”, “We”, “Us” or “Our”). Please read these terms of use (“Terms of Use”) carefully before using the services of this Site. These Terms and Conditions set forth the legally binding terms and conditions for your use of this Site and all related services, features, content, or any purchases you make via the Site.

Your use of the Site constitutes your acceptance of the Terms of Use.  You warrant and attest that you are at least 18 (eighteen) years of age. By using the Site, you are confirming that you meet the minimum age requirement, and are fully able and competent to enter into and be bound by the Terms and Conditions. You further agree that you fully understand the contents, meaning and impact of the Terms and Conditions, and warrant and represent that you are fully able and competent to enter into and be bound by the same.

These Terms and Conditions apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms and Conditions posted on the Site at the time of use. Further, by accessing or using this Site, you agree to these Terms and Conditions, and all applicable laws. If you do not agree with the Terms and Conditions, then you do not have the right to access, view, download or otherwise use the Site or purchase any products and, accordingly, you should not do so.

Use of Site

Unless otherwise provided, the products and services available on the Site, and the samples thereof, are for personal use only. You shall not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

You agree to use the Site only for lawful purposes and in compliance with all applicable laws. You shall 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 Site.

You may however display and, subject to any expressly stated restrictions or limitations relating to a specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own non-commercial use, or to purchase ALCHEM products.

You may not upload to, distribute, or otherwise publish through the Site, any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

You may not restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the site.  You may not engage in spamming, flooding, phishing or other activity intended to gather information unlawfully or transmit any software or other materials that contain any harmful or malicious code, including without limitation Trojan horses, viruses, worms, time bombs, date bombs and defects.  

You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.  You may not “Frame” or “mirror” any part of the Site without Our prior written authorization.  

In case of non-compliance with the provisions of the Terms and Conditions hereto, we reserve the right to suspend your access to the Site. In such a case, we will inform you as soon as possible about your being prohibited from accessing the Site.

While we strive to keep the Site accessible at all times, we cannot guarantee access in all circumstances. Indeed, for reasons including maintenance and upgrades, and for other reasons that may be beyond our control, access to the Site may be interrupted.

Copyright and Trademarks

All content available on the website, including but not limited to text, graphics, logos, button icons, images, audio video clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of the Company, and its affiliates, partners or licensors, and is protected by laws of the United States and international copyright laws.

You are permitted to browse this Site and to reproduce extracts by way of printing, downloading to a hard disk and by distribution to other people but, in all cases, for non-commercial, informational and personal purposes only. No reproduction of any part of the Site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or site, whether in hard copy or electronic format, including posting to any other Site. No other license or right is granted.

All trademarks displayed on this Site are either owned by or used under a license by Alchem and/or its affiliates.

All visual material throughout the site including PDFs is subject to Copyright. Alchem and/or its affiliates either own or have the right to use the images through third-party sources.

Availability of products

Unless otherwise specified, reference to any product or service on the Site does not constitute an offer to sell or supply that product or service but an overview of the range of products and services that we distribute in the country where this Site is distributed.

Content

The information on this Site has been included in good faith and is for general informational purposes only. It should not be relied on for any specific purpose and no representation or warranty is given in relation to its accuracy or completeness.

Any advice given on this Site is for illustration purposes only and is not intended to constitute expert advice. Any such advice is purely illustrative and cannot replace a medical diagnosis or a clinical consultation, nor is it a substitute for any medical treatment. Therefore, we do not guarantee full satisfaction from following such advice and assume no liability for your use of the same. For further information, or in case of doubt, we recommend that you consult us or write to us at the following address:

Alchem USA, Inc. 5819 Highway 6 South, Suite 140, Missouri City, TX 77459

Except for any personally identifiable information we may collect from you under the guidelines established in our privacy policy (“Privacy Policy”), any material, information or other communication you transmit, upload or post to this Site such as comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Company through this Site will become and remain the exclusive property of Company, including any future rights associated with such submissions, even if these terms and conditions are later modified or terminated. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such information and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Company’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Company has no obligation to keep all such submissions confidential.

We reserve the right to make any changes and corrections to the content on this Site including suggested retail prices, product specifications, and information concerning launching of products, as and when we consider it appropriate and without notice.

General Obligations of the User

The Company and the Site maintained by it uphold the values of tolerance and respect for others. For this reason, this Site shall not be used to convey racist, violent, xenophobic, malicious, obscene or illegal content. By using this Site, you agree not to distribute any information that is (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Company at its sole discretion.

User Warranty and Representation

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by our Site.

Third Party Links

In an attempt to provide increased value to our visitors, this Site may contain links to other websites on the Internet that are owned and operated by third parties (“External Sites”). However, even if the third party is affiliated with the Company, Company has no control over these External Sites, all of which have separate privacy and data collection practices, independent of Company. The Company has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Sites. These External Sites are only for your convenience and therefore you are advised to access them at your own risk.

Such links do not imply that the Company sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, the Company seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but also for External Sites (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the External Sites or the information or material accessed through these External Sites.

In addition to the above, you may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

Errors

In the event the Company product or service is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Company shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Company shall have the right to refuse or cancel any such orders, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Company shall issue a credit to your credit card account of the amount of the incorrect price.

User Participation

The Company does not and cannot review all communications and materials posted to or created by users accessing the Site, and the Company is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site.

Notwithstanding the above, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Company at its sole discretion.

By submitting any content to the Site, you warrant and represent that you have the right to sue such content and have the right to permit the Company and its affiliates to use such content.  You agree not to submit any content that is owned by someone other than you.  You agree not to submit any content that contains the name, image, likeness or voice or anyone other than yourself without first obtaining permission to submit such content.

If you identify yourself by name in content you submit or submit content that contains an image or audio or video recording of yourself, you authorize the Company and its affiliates, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way the Company deems appropriate, I its sole discretion, throughout the world.  Such authorization is and shall be perpetual and cannot be revoked by you for any reason.

Shipping and Return policy

  • Terms of shipping

The estimated delivery time is 5-7 business days upon order payment confirmation. Upon placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, delivery may take longer than anticipated due to bad weather, flight delays and other unforeseen circumstances. If we are, or become, aware of circumstances that are likely to delay the delivery of your order, we will attempt to advise you of the same.  Please check your emails and SMS regularly for such updates. The Company shall not be liable for such delays. We currently deliver only in the United States. All claims for shortages or damages must be reported to customer service on the day of delivery by email to info@alchemlife.com, and include a picture or pictures of the product(s) received and the alleged damage, if any. Shipping charges may vary for different delivery addresses.  Shipping and handling charges will be included in the final bill when you proceed to checkout. The Company bears no responsibility for goods signed for by someone other than the designated recipient. The Company is not responsible for damage after delivery. We do not ship internationally.

  • Out of Stock Items

If your item is out of stock, you may place your request for the Product to our customer service support and we shall contact you when the Product in stock.

 

  • Placing an order

To review what is available to purchase simply browse the website. When you have arrived at the item you wish to order, click on “Add To Cart” and then select your requested quantity. When your order contains the item quantities you wish to purchase, please login to continue to the next step or register if it is the first time you are making a purchase online. You will then be asked to provide us with your shipping and payment (Credit Card / Debit Card) information.

  • Return Policy

If you want to return the product for any reason, please contact Customer Service within 48 hours from the time your order was delivered. Customer Service can be reached by telephone at (281) 208-7518 between 8:00 a.m. and 5.00 p.m. (CST), or by email to info@alchemlife.com.  Once your returns request is validated over phone, we will send you an email authorizing a return, along with the address for the same. Please print a copy of the email and attach it to the return shipment. To be eligible for the return, kindly use our associated courier partners to send us back the product. Remember, we must receive the package within 10 days of us sending the authorizing email. The shipping charges shall be refunded if our Company was at fault. In other cases, you shall be liable to pay for the shipping charges. After receiving the package, we will inspect the same. Once approved as an eligible return by our ALCHEM team, that the product is unopened and not damaged due to your fault, we will ensure that we replace the product. If the product is not available, we will issue a credit note in the appropriate amount. Your returns issue will be closed within 15 days of our receiving the return package from you. No replacement for products on sale/discount.

  • Cancellation

Once an order is placed, it cannot be cancelled by the customer. It is important, therefore, that you verify your order details prior to final submission of your order. The Company reserves the right to cancel an order if there has been error on the website or if the products ordered are out of stock.  

Payment terms

  • Security

All transactions through this online store are protected by Secure Sockets Layer (SSL) and Secure Data Encryption using a 1024-bit process. All credit card payments are processed in real-time for your security and immediate peace of mind. This transaction will appear on your credit card or bank statement as a payment to Alchem International Limited. Any information that you send to us is encoded with SSL encryption technology. This sophisticated encryption process ensures that prying eyes are unable to decode your personal data when it travels from your computer to ours, and from our computer to the bank’s. You can tell whether your browser is in secure mode in the checkout by looking for the padlock icon in the bottom corner or at the end of the address bar of your browser window.

  • Forms of Payment

We accept MasterCard™ and Visa™ branded Credit Cards and Debit Cards. Your order will begin processing once you have submitted your payment information. Once your credit card or debit card has been verified and approved, we will pack your order and ship it to you.

  • Pricing

Product prices listed are current; however they are subject to change without advance notice.  We will bill at the price in effect at the time of the payment confirmation.

  • Responsibility

We as a merchant shall be under no liability whatsoever with respect to any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction.

Disclaimer of Warranties

The Company makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any External Sites.  Visitors to the Site agree that their use of, and reliance on any advice or information obtained from or through, the Site is at their own sole risk. In some instances, content made available on the Site may represent the opinions and judgments of providers or users, such as user content. We and our affiliates do not endorse nor shall we or they be responsible or liable for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than our authorized employees acting in such capacity.

This Site and the materials, information, services, and products in this Site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. The Company does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that hosts the Site available are free of viruses or other harmful components. The Company does not make any warranties or representations regarding the use of the materials in this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable law may not allow the exclusion of implied warranties and therefore, the above limitations may not apply to you.

The copyright for any material created by us on the website or licensed to us, including the material on other websites operated by us which links from this website, is reserved. The texts, illustrations, images and videos must not be used, copied, duplicated, reproduced, published, transferred, shared or saved neither in electronic or printed publications nor commercially used without the prior written permission of the Company. All product and company names are trademarks™ or registered® trademarks of the Company or in case of third parties their respective holders. Use of them does not imply any affiliation with or endorsement by them.

Limitation of Liability

In no event shall Company be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if the Company has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with: (i) the availability, use, reliance on, or inability to use the Site any platform applications or any content or other materials on, accessed through or downloaded from the Site; or (ii) any claim (including for property damage to your device or computer system) attributable to errors, omissions, or other inaccuracies in, or destructive properties of, the Site or the External Sites, or any information, software, products, services or other materials available on or through the Site or External Sites.

These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. As some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Though enormous efforts are made to make, and precautions taken to render, the Company’s products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precautions and/or seek professional medical advice before using any of our personal care products that you may be allergic to. You agree that the Company will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through the Site, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.

You should use your best judgment and exercise caution where appropriate, as with the purchase of any product or service through any medium or in any environment.  Your use of the Site and any materials provided through the Site are entirely at your own risk.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend and indemnify us and hold Company and its subsidiaries and affiliates harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising directly or indirectly out of or from:

  • Your use of and access to our Site including, but not limited to, any loss resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our Site infrastructure;
  • Your violation of any of these Terms and Conditions;
  • Your violation of any third party rights, including without limitation any intellectual property, property, or privacy rights.

Where required by applicable law, this duty to indemnify exists even if the harm and/or damages complained of are the result of the Company’s sole or contributory negligence.

Dispute Resolution

Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions.  The Company makes no representation or warranty that materials and content on the Site are appropriate or available for use in any particular jurisdiction.  You are responsible for complying with all applicable laws.  Any use in contravention of any provision of the Terms and Conditions is at your own risk.  

You agree that this agreement and your use of the Site will be governed by the laws of the State of Texas.  You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Sugar Land, Texas in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and/or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.  

You agree to waive, to the fullest extent alleged by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Site or this agreement.

Digital Millennium Copyright Act

Materials may be made available through the Site by third parties not within our control.  We are under no obligation to scan content posted, however, we respect the copyright interests of others.  It is our policy not to permit materials known by us to infringe another party’s copyright or intellectual property rights to remain on the Site.

If you believe any materials on the Site infringe a copyright or other intellectual property right, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a parson authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work or other intellectual property claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  6. A state that the information in the notification is accurate, and under penalty of perjury, that that complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All Digital Millennium Copyright Act notices should be sent to: Alchem USA, Inc. 5819 Highway 6 South, Suite 140, Missouri City, TX 77459

Miscellaneous

The Company may revise these Terms and Conditions at any time by updating this posting without notice to you.  You should visit this page from time to time to review the current Terms and Conditions because the same shall be binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

You agree that the Company may assign all or part of this agreement without such agreement being considered a change to the agreement and without providing notice to you.  You agree that the Company will be released from all liability upon assignment.  The assignee shall have the same rights and obligations as the assignor.

If any provision of these Terms and Conditions is found to be unenforceable or invalid, the remaining provisions of these Terms and Conditions shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.

Any rights not expressly granted to you herein are reserved by the Company, its affiliates and subsidiaries.

The headings and section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Privacy

We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of personal information furnished by you on the Site. By this reference, the Privacy Policy is incorporated into, and forms an integral part, of the Terms and Conditions.  The Privacy Policy can be found on our website. By using this Site, you agree to the terms of the Privacy Policy.

Complete agreement

These Terms and Condition, along with the Privacy Policy, constitute the entire agreement between you and us with respect to the Site and any user content, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters.

Modification of the Terms and Conditions

We may modify the provisions of the Terms and Conditions, to comply with any such new legislation and regulations thereunder and / or to improve the Site. Any changes so made will be incorporated in these Terms and Conditions.