Terms of use

Effective Date: December 1st, 2020

Thank you for visiting us at www.affinityimmno.com

ABOUT THE TERMS OF USE

AffinityImmuno Inc. operates the website https://www.affinityimmuno.com/ (the “Website”) to offer products for purchase such as antibodies and ELISAs (“Services or Products”). You can find a complete list of the Products we are currently offering here.  The Products that we offer may be changed at any time, without notice, in our sole discretion.

PLEASE READ THESE TERMS OF USE (the “Terms of Use”) CAREFULLY BEFORE USING THIS WEBSITE. Please refer to the Website to find the most up-to-date version of these Terms of Use and our Privacy Policy. If you have any questions or comments about the Terms of Use, please contact us at support@affinityimmuno.com.

You must be of majority age to use the Website or purchase our Products. In Canada and the United States, majority age is normally 18 years of age or older.

PLEASE NOTE THAT ALL OF THE PRODUCTS OFFERED ON OUR WEBSITE ARE TO BE USED FOR RESEARCH PURPOSES ONLY UNLESS OTHERWISE INDICATED ON THE WEBSITE OR THE PRODUCT.  BEFORE YOU PURCHASE ANY OF OUR PRODUCTS YOU MUST READ THE CORRESPONDING PRODUCT MANUAL.  YOU ALSO AGREE TO USE THE PRODUCT ONLY AS DIRECTED BY THE MANUAL AND, IN PARTICULAR BUT WITHOUT LIMITING THE FOREGOING, AGREE TO FOLLOW ALL SAFETY PRECAUTIONS SET OUT IN THE PRODUCT MANUAL.

PLEASE ALSO NOTE THAT ALL OF THE INFORMATION PROVIDED ON OUR WEBSITE AND VIA OUR PRODUCTS IS INTENDED FOR INFORMATION AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

YOUR ACCEPTANCE OF TERMS OF USE

• By using the Website, you agree to these Terms of Use, which may be changed at any time at our sole discretion. The Terms of Use are in addition to our Privacy Policy and any other policies that may govern the Website from time to time. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE THE WEBSITE. IF YOU CONTINUE TO USE THE WEBSITE, WE WILL ASSUME THAT YOU AGREE TO THE TERMS OF USE.
• In these Terms of Use, “We,” “Our,” or “Us” means AffinityImmuno Inc.
• In these Terms of Use, “you”, “your”, “User” or “Client” means any person using the Website or our Products including current or potential customers or any other person reviewing the Website content.
• If any of these Terms of Use are found to be invalid or unenforceable for any reason by a court, arbitrator, or administrative tribunal of competent jurisdiction, that Term shall be deemed to be deleted and the remaining Terms shall remain in full force and effect.

ONLINE COMMUNICATIONS & PROHIBITED CONDUCT

• We make our Products available to you by using the Website as well as other online platforms and electronic communications such as email. By using our Website and providing your email information, you may also receive promotional offers and materials. You may disable such notifications by clicking on the “unsubscribe” link in our emails.
• We reserve the right to refuse any request for our Products. We also have the discretion to limit or cancel completed purchases, if we believe it is appropriate to do so. For example, we may cancel or refuse Services where there is any action that:
  1. appears to be illegal, fraudulent, or in any way inappropriate;
  2. is being made by a minor;
  3. contains multiple requests that are placed by the same person, credit card, or correspond to the same billing and/or shipping address;
  4. appears to be related to “bots” or other mass-related online requests; or
  5. includes any inaccurate, misleading or incomplete information.
• If we terminate or cancel a completed purchase for any of these reasons, we will attempt to notify you but you will not be entitled to a refund for past purchases of our Products.
• When you use our Website, or contact us from any computer or device, you are communicating with us electronically. We may also communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Website. You consent to receive these communications electronically. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
• You may not use our Website or our Products for any illegal, criminal, fraudulent, or unauthorized purpose.  You may not use our Website or our Products to violate any laws including but not limited to laws related to privacy and intellectual property rights. You may not use this Website to transmit any encrypted files, malware, viruses, or bots. If you do any of these prohibited things, you will be deemed to have violated these Terms of Use and your access to the Website will be terminated immediately.

RETURN AND REFUND

• Sale of all Products is final; however, if your order is received damaged or has quality issues, your order may be eligible for replacement, so long as you follow the steps outlined below.
• Any returns due to damage or quality concerns must be initiated within 7 calendar days of receipt of the purchased product. To initiate a return, you must contact us with your return request by email at support@affinityimmuno.com
• We may, in our sole discretion, waive the requirement to return the purchased product.
• If we do not waive the requirement to return the purchased product, we will provide you with a return authorization number.   In order to return the purchased product, you must write the return authorization number on the return label included with your shipment, affix the return label to the package, and arrange for the package to be mailed to the address indicated on the return label.
• The Product must be returned in the condition received and accompanied by the invoice sent with the Product (or received electronically).
• The replacement of a Product related to damage or quality issues is at our sole discretion. Upon receipt of the returned Product, we will fully examine the Product received and notify you via e-mail as to whether we will issue you a replacement.  We will endeavour to do this within 10 business days of our receipt of the returned Product.
• We will make best efforts to offer replacement Products at no cost to the user; however, in the case of shipments outside of Canada and the United States of America, shipping charges may be applied.

OUR INTELLECTUAL PROPERTY RIGHTS

• All content included on the Website, or made available through the Website, is our intellectual property or the property of our distributors and is protected by applicable copyright, trademark, industrial design, and other intellectual property laws. This protected content includes, but is not limited to, manuals, text content, photographs, images, designs, logos, and any selection, arrangement, or enhancement of such content.  The compilation, selection, and choice of all content which we provide on our Website, or make available through our Website and Products, is also exclusively our intellectual property.
• Graphics, logos, designs, service names, trade names, trademarks, webpage layouts, webpage arrangements, and the overall look and feel of our Website are trademarks and trade dress owned by us. These trademarks and trade dress may not be used in association with any product or service that is not offered by us and may not be used in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits our brand, reputation and goodwill. Other trademarks not owned by us may appear on the Website and if so, they are the property of their respective owners, who may or may not be affiliated with or sponsored by us.

THIRD PARTY LINKS and SITES

• Our Website may contain links to external websites, payment platforms, social media platforms, or other online sites that do not belong to us. You agree that your use of such third-party sites is governed exclusively by the policies, terms and conditions of those third-party sites such as PayPal.
• You agree that we are not liable for any harm, injury, damage, or loss caused by your access and use of such third-party tools and sites. It is your responsibility to carefully review the policies, terms and conditions of third-party sites prior to any interaction with them. Any issues, questions or concerns arising out of your use of third-party sites should be directed to the third party.

DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY

• The Website and Products are provided to you “as is” and “as available”, and on no other basis.
• We make no representations or warranties of any kind, express or implied, as to the operation of the Website, the effectiveness of the Products, or the accuracy of information, content, materials or products made available through the Website. You expressly agree that your use of the Website and our Products is completely voluntary and at your sole risk.
• WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY QUALITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. We will not be liable for any damages or losses of any kind arising from the use of the Website or our Products, including, for example, any direct, indirect, incidental, punitive or consequential damages.
• Some places may not allow for limitations or exclusions on certain types of damages or warranties. If the laws of those places apply to you, some of the above limitations or exclusions might not apply to you, and you might have additional rights.  In any event, we will rely on the maximum limitation or exclusion available in those places.
• While we will use reasonable efforts to include current and accurate information on our Website, we make no representations or warranties as to the accuracy or completeness of the information provided.  You expressly agree that your use of the Website and our Products is completely voluntary and at your sole risk.
• We assume no responsibility and will not be held liable for any damages to your computer equipment or other property in relation to your access of our Website.
• Our Website may provide links to other websites.  However, we have no responsibility for the content of the other websites.  We assume no responsibility and will not be held liable for any damages or injury in relation to your accessing other websites through our Website.

IINDEMNIFICATION AND RELEASE

• You agree to defend, indemnify, and hold us harmless from and against any claims, demands, losses, liabilities, or costs arising from:
• your access to and use of the Website;
• your breach of the Terms of Use or any of our policies; and
• your violation of any third-party rights including any intellectual property, privacy, or security right.
• Your obligation of indemnification survives any termination of the Terms or Use.

Disputes, CLAIMS AND APPLICABLE LAW

• The laws of the Province of Prince Edward Island, Canada apply to these Terms of Use. You agree that these Terms of Use shall be construed under the laws of the Province of Prince Edward Island and the Federal laws of Canada applicable therein, without regard for conflicts of laws principles.
• You agree that your use of the Website and all of the communications and transactions associated with the Website shall be deemed to occur in the Province of Prince Edward Island, Canada.
• You agree to irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Prince Edward Island. Any proceeding arising from your use of the Website may only be commenced in Charlottetown, Prince Edward Island.  You agree not to object to the location of this venue for any reason. You agree that any proceeding may only be commenced individually and not part of any group or class.
• Any and all claims, judgments, or awards shall be limited to the actual fees paid by you for the Products. You hereby waive the right to claim any punitive, consequential, or indirect damages of any kind. Notice of any proceeding in the Province of Prince Edward Island, Canada shall be sent to you by email or your last-used mailing address.

CHANGES TO WEBSITE & Products

• We reserve the right to change the contents of this Website at any time and at our own discretion. You agree that it is your responsibility to monitor the Website for any changes.
• We reserve the right to add to, amend, or discontinue any of the Products. We also reserve the right to alter or increase the pricing of our Products, as well as making limited offers or promotions in relation to our Products.
• We shall not be liable to you or to any third party for any consequences arising out of the pricing or promotion of our Products or any changes, suspension, or discontinuance of our Products.
• We will take all reasonable measures to protect the security of the information you provide to us while using the Website or our Products, and in compliance with our Privacy Policy. If any specific change to our Website causes a loss of such information, we shall not be liable, except if the loss is due to an intentional and avoidable security error on our part.

TERM AND TERMINATION

• The Terms of Use shall remain in full force as long as they are posted on the Website.
• You may stop visiting the Website at any time.  As long as you have already paid for your past purchases of our Products, you may choose not to purchase subsequent Products.
• We reserve the right to terminate your use of the Website immediately, with or without notice to you and without any liability to you if we believe that you have breached the Terms of Use, have interfered with someone else’s use of the Website or our Products, or have breached our other policies such as the Privacy Policy.

GENERAL PROVISIONS

• Entire Agreement. These Terms of Use contain the entire agreement between you and us, with respect to the subject-matter hereof and supersede all prior agreements, whether written or oral, relating to the same subject matter.
• Assignment. You may not assign or transfer any rights granted to you under the Terms of Use.  We may assign or transfer any of our rights and obligations under the Terms of Use without restriction or limitation.
• Amendments. We reserve the right to make changes to these Terms of Use from time to time and to publish a replacement version on the Website.
• Waiver. Any failure by us in the past to enforce the Terms of Use shall not be construed as a waiver of our right to enforce the Terms of Use in future.
• Force Majeure. If we are delayed or fail to perform our obligations as a result of circumstances beyond our reasonable control including without limitation fire, explosion, flood, power outage, industrial disturbance, acts of God, war, terrorism, pandemic, health outbreak, state of emergency, government orders, acts of an authority, or any other similar cause, then the delay or failure will not constitute a breach of the Terms of Use.
• Independent Contractors. Your use of the Website or our Products is not intended and shall not be deemed to create any agency, representation, joint venture, partnership, or similar legal relationship between us.