Chemiecomm General Terms of Use
Welcome to Chemiecomm, your trusted platform for purchasing chemical products online. By accessing or using our website, you agree to comply with these Terms of Use. If you do not agree, please do not use our site.
Chemiecomm is a B2B marketplace operated by Hexagon Inc. Canada. (“Chemiecomm,” and the marketplace referred to as the “Chemiecomm Platform”). Our platform is designed for the chemical industry, facilitating the listing and searching of suppliers and products, comparing product listings and availabilities, and providing convenient ordering and order fulfillment services between buyers and sellers directly.
The use of the Chemiecomm Platform is governed by these General Terms of Use (the “Terms of Use”) and any applicable subscription terms associated with the use of the Chemiecomm Platform or specific features (the “Subscription Terms”).
By using Chemiecomm, you confirm that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
Admission and Registration
1.1 Eligibility for Use
The Chemiecomm Platform is intended exclusively for professional suppliers and (prospective) buyers of chemical products (collectively referred to as “Users” and individually as a “User”). Personal use by private consumers is not permitted. Users may be classified as either a “Supplier” (if providing chemical products) or a “Buyer” (if purchasing chemical products).
1.2 Registration Requirements
To be eligible for registration as a User on the Chemiecomm Platform, the following requirements must be met cumulatively:
These requirements may change periodically, and additional requirements may be introduced.
1.3 Registration Process
By completing the registration process—either by providing registration details or confirming details compiled by Chemiecomm—the User submits an offer to enter into an agreement for the use of the Chemiecomm Platform, governed exclusively by these Terms of Use. Any terms and conditions from the User are not accepted and will not apply. Chemiecomm reserves the right to accept or reject the User’s offer at its sole discretion.
1.4 Verification Procedures
Upon registration, Chemiecomm may, but is not obligated to, conduct the following verifications and checks, possibly through external service providers:
These verification processes may change over time, including the introduction of additional checks.
1.5 User Responsibility
The User represents and warrants that all information provided during registration is true, accurate, and complete. Chemiecomm is not responsible for reviewing or correcting this information. The User must notify Chemiecomm promptly of any changes to the information, especially those relevant to eligibility as outlined in Section 1.1.
1.6 Platform Availability
The Chemiecomm Platform is provided based on the current state of technology. Availability may be interrupted due to maintenance, improvements, security measures, or unscheduled downtime from technical issues or external factors affecting connectivity. Chemiecomm will consider the Users’ business interests when scheduling maintenance. Chemiecomm reserves the right to limit or suspend access to the Chemiecomm Platform at its discretion to maintain security, integrity, availability, or performance, while considering Users’ interests. Changes to the appearance and functionality of the Chemiecomm Platform may occur without materially impairing the functionality offered to Users.
Product Regulatory Compliance
2.1 Compliance Responsibilities
Suppliers are required to comply with all applicable regulations concerning the commercial sale of products containing chemical substances.
2.2 Material Safety Data Sheets
Suppliers must provide a Material Safety Data Sheet (MSDS) on the Product Detail Page as outlined in Section 3.2 of the Chemiecomm Platform. Technical Data Sheets may be included at the Supplier’s discretion.
2.3 Supplier Liability
Regardless of the above requirements, Chemiecomm does not assume responsibility for ensuring or guaranteeing that products comply with regulatory requirements or possess the necessary regulatory registrations. Compliance remains the sole responsibility of the Supplier.
Product Listing and Product Detail Page
3.1 Accessibility of Information
Product listings, catalog information, and general details about Chemiecomm are publicly accessible via the Chemiecomm website. Information regarding list prices, product availability, and quote requests is exclusively available to registered and validated Buyers. The visibility of products on the Chemiecomm Platform may depend on the type of subscription chosen by either Suppliers or Buyers. Suppliers can opt to make their products visible only to selected Buyers.
3.2 Product Detail Page Requirements
Each product listed on the Chemiecomm Platform must have a dedicated product detail page (“Product Detail Page”) that includes all relevant information necessary for Buyers to make informed purchasing decisions. Required information from the Supplier on the Product Detail Page includes, but is not limited to:
3.3 Information Accuracy and Updates
Chemiecomm reserves the right, but is not obligated, to revise, modify, supplement, remove, or correct information and data provided by Suppliers for inclusion in the Product Detail Page to enhance user experience and improve information quality. In such cases, Chemiecomm will propose changes to the Supplier, who will be responsible for reviewing and implementing these changes. The Supplier remains fully responsible for the accuracy, content, and legality of the information on the Product Detail Page, as outlined in Section 2.3.
3.4 Product Categorization
All products listed on the Chemiecomm Platform must fit into at least one existing product category, application, or industry per the Chemiecomm product catalog. Listing a product that does not align with any existing category requires prior approval from Chemiecomm, which may, at its discretion, create a new product category.
3.5 Listing Visibility
Suppliers acknowledge that, due to technical limitations, new product listings may not be searchable by keyword or category for up to two hours during normal operation. Additionally, delisted products may remain accessible and searchable on the Chemiecomm Platform for a period after being removed. Chemiecomm does not guarantee specific durations for listings.
3.6 Language of Information
All information displayed or made available through the Chemiecomm Platform will be in English. Any translations of this information, including those provided through translation services under Section 5.2, are for convenience only. The English version of any information on the Chemiecomm Platform is the binding version.
Sale and Purchase of Products
4.1 Intermediary Role
Chemiecomm acts solely as an intermediary and does not list, offer, or sell any products on the Chemiecomm Platform. It does not possess any products or verify their quality. Any agreements for the purchase of products are made directly between the respective Supplier and Buyer. Chemiecomm is not a party to these agreements and assumes no responsibility or liability regarding the products involved.
4.2 Binding Purchase Contracts
A purchase confirmed between a Supplier and a Buyer on the Chemiecomm Platform constitutes a legally binding contract between the involved Users. This contract is governed by the terms and conditions mutually agreed upon by the Supplier and Buyer, including any specific terms posted by the Supplier or, subject to Section 4.3(a)(vii), by the Buyer.
4.3 Modes of Purchase
Chemiecomm does not fecilitate sales and purchase through platform, how it connects buyers and sellers to dead directly, however Chemiecomm provide opportunity to buyer for
(a) Request Quote
(i) In the Request Quote mode, Buyers can request a specific quantity and delivery date from an individual Supplier and propose a price for negotiation. This request does not constitute a binding purchase offer.
(ii) Buyers and Suppliers may discuss details through the Chemiecomm messaging function. They are encouraged to finalize details such as price, quantity, delivery date, and applicable Incoterms during this discussion. The Supplier will then provide a quote that the Buyer can accept or reject.
(iii) Details of the Request Quote mode are visible only to the involved Buyer and Supplier.
(b) Request Samples
(i) Buyers can request samples directly from supplier by filling out the required information on products listings.
(ii) Buyers and Suppliers may discuss details through the Chemiecomm messaging function. They should finalize relevant terms, and the Supplier will provide a framework agreement that the Buyer can accept or reject. An accepted framework agreement establishes agreed commercial terms but does not create any obligation to buy or sell.
(c) Buyer Responsibility
In all purchasing modes, Buyers are responsible for reviewing all information provided in the product listing before submitting a quote or agreement request (in the Quote Request or Agreement Request modes) or completing the purchase (in the Instant Deal mode).
(d) Compliance and Suspension
Chemiecomm reserves the right to deactivate product listings or suspend a Supplier’s account if it receives repeated complaints regarding the Supplier’s failure to fulfill
Payment Terms
5.1 Payment Terms
Payment terms for product purchases on the Chemiecomm platform are determined by the Supplier (e.g., payment in advance or invoicing).
5.2 Payment Responsibilities
All payments related to product sales occur directly between the Supplier and the Buyer, with no involvement from Chemiecomm. Chemiecomm does not provide financial guarantees to either party, and the Supplier assumes the payment risk. Chemiecomm may collect credit rating information on Buyers to enhance Supplier trust, but is not obligated to do so.
5.3 Usage Fees
Certain features of the Chemiecomm platform may incur fees as detailed in the Subscription Terms. If a trial period is offered, fees will apply only after the trial concludes. Chemiecomm may introduce charges for additional services in the future.
5.4 Invoicing and Payment
Fees for using the Chemiecomm platform, including those for additional services, are exclusive of VAT and will be invoiced monthly or annually in advance, depending on the selected model. Invoices must be paid within 7 days of receipt via the payment method chosen during the sign-up process.
Communication
6.1 User Responsibility
The User is solely responsible for all communications made through the Chemiecomm platform, including any chats via the Chemiecomm messaging function.
6.2 Communication Receipt
Any communication between Users or from Chemiecomm to Users is deemed received when sent through the Chemiecomm messaging function or, if sent by email, when the email is received at the address specified during registration.
6.3 Role of Chemiecomm
In all communications exchanged between Users on the Chemiecomm platform, Chemiecomm acts only as a messenger and not as a representative or agent of either User. No User has the authority to act on behalf of Chemiecomm, nor does Chemiecomm act on behalf of any User.
6.4 Data Transfer Consent
The User consents to the transfer of data and information communicated through the Chemiecomm platform. Specifically, data related to purchase transactions between a Supplier and a Buyer will not be disclosed to any third party other than the involved Supplier and Buyer.
6.5 Monitoring Communications
Chemiecomm reserves the right to monitor and analyze communications on the platform to facilitate negotiations and enhance platform functionality. This monitoring complies with confidentiality provisions and applicable data protection laws, as detailed in Chemiecomm’s privacy policy available at www.chemiecomm.com/privacy.html.
Further User Obligations
7.1 Confidentiality of Access Credentials
The User must keep access credentials for the Chemiecomm platform confidential and ensure that all Authorized Representatives comply with this requirement.
7.2 User Responsibilities
The User is solely responsible for:
(a) Providing accurate and complete information on the Chemiecomm platform and keeping it up to date.
(b) Ensuring compliance with applicable legal requirements in their presence and communication on the platform.
(c) Creating regular backups of data related to transactions made through the platform.
(d) All activities conducted under its accounts or passwords.
(e) Preventing the sharing of access credentials among its Authorized Representatives.
(f) Ensuring its Administrator properly registers and unregisters Authorized Users as Buyers or Suppliers in accordance with these Terms.
(g) If Authorized Representatives are registered as both Supplier and Buyer, ensuring that they are from distinct business divisions and that appropriate barriers prevent communication between them.
7.3 Prohibited Uses
The User must not use the Chemiecomm platform for:
(a) Purposes other than selling or purchasing chemical products as part of its ordinary business.
(b) Activities that violate applicable laws, including export control and antitrust laws.
(c) Distributing unsolicited advertising or promotional material, or content that violates third-party rights or applicable laws.
7.4 User Restrictions
The User must not:
(a) Disclose access credentials to any third party in a way that violates these Terms.
(b) Manipulate prices or create fake profiles.
(c) Gain unauthorized access to restricted areas of the platform.
(d) Obtain access credentials of other Users through illegal means.
(e) Interfere with information or data communicated by other Users.
(f) Impair the security or performance of the Chemiecomm platform.
7.5 Reporting Issues
The User must notify Chemiecomm promptly if they encounter any issues or malfunctions on the platform.
7.6 Enforcement Actions
Chemiecomm may, without limitation, take actions including:
(i) Limiting or suspending User accounts.
(ii) Removing or restricting visibility of User product listings.
(iii) Taking technical or legal measures to prevent access to the platform if there are indications of violations of these Terms.
Depending on the circumstances, Chemiecomm may provide reasonable notice before taking these actions or notify the User after the fact, allowing the User an opportunity to respond to the situation.
Intellectual Property Rights
8.1 Ownership of Rights
Chemiecomm reserves all intellectual property rights in the Chemiecomm platform, including any underlying software, algorithms, databases, and content. Except as expressly provided, no rights in any such intellectual property are transferred to the User, other than a non-exclusive, non-transferable, and non-sublicensable right to access the Chemiecomm platform during the term of the agreement and subject to these Terms of Use.
8.2 Restrictions on Use
The User may not copy, reproduce, distribute, display, transmit, modify, create derivative works, or reverse engineer any part of the Chemiecomm platform or any information, data, and content made available by other Users. The User is also prohibited from using any robots, spiders, crawlers, deep links, or similar technologies to systematically access and collect information from the Chemiecomm platform.
8.3 User Content License
The User grants Chemiecomm a non-exclusive, royalty-free, transferable, sub-licensable worldwide right to use any information, data, and content provided or submitted by the User for the purpose of operating the Chemiecomm platform.
Data Protection
9.1 Compliance
Chemiecomm processes personal data received from the User in compliance with applicable data protection laws and the Chemiecomm data protection information available at www.chemiecomm.com/privacy.html.
9.2 User Responsibilities
The User is solely responsible for ensuring that any transfer of personal data of its Authorized Representatives, Administrators, employees, or other individuals to Chemiecomm, and the processing of such data by Chemiecomm, complies with applicable data protection laws. This includes obtaining any necessary consents. Section 12.7 applies regarding claims against Chemiecomm related to such data transfers.
Confidentiality
10.1 Confidential Information
Both parties shall treat as strictly confidential any information, data, documents, or materials shared between them, including communications related to purchase transactions on the Chemiecomm platform (“Confidential Information”). This obligation applies regardless of whether the information qualifies under any trade secret laws.
10.2 Exclusions
Confidential Information does not include information that is (i) public knowledge, (ii) becomes public knowledge through no fault of the receiving party, or (iii) is obtained from a third party not bound by confidentiality.
10.3 Permitted Disclosures
Disclosure of Confidential Information is permitted if required by law, for judicial proceedings, to professional advisers under confidentiality terms, or with prior written approval from the other party.
10.4 Marketing Use
Chemiecomm may use the User’s name and logo as a reference in its marketing materials and promotional activities.
Liability
11.1 Limited Liability
Chemiecomm’s liability to the User is limited to cases of (i) willful misconduct or gross negligence, (ii) damage resulting from negligent injury to life, body, or health, or (iii) slightly negligent breaches of fundamental duties critical to the agreement. Liability for slightly negligent breaches of fundamental duties is limited to typical and foreseeable damages.
11.2 Non-Chargeable Services
Chemiecomm and its affiliates shall not be liable for slight negligence concerning services provided without charge. Any further statutory limitations of liability remain unaffected.
11.3 Scope of Liability
These provisions apply to contractual and non-contractual liability (including tort) as well as to dealings prior to contract conclusion (culpa in contrahendo). They also apply to the affiliates and representatives of Chemiecomm.
11.4 Indemnification
The User shall indemnify Chemiecomm and its affiliates from claims, losses, or costs incurred due to (a) agreements made by the User with other Users or third parties, (b) breaches of this agreement by the User, (c) improper use of the Chemiecomm platform, or (d) violations of laws or third-party rights.
Term and Termination
12.1 Termination for Convenience
Either party may terminate the use of the Chemiecomm platform for convenience at any time by providing two weeks’ notice to the other party. The right to terminate for cause remains unaffected.
12.2 Subscription-Based Use
If the use of the Chemiecomm platform is based on a subscription, the applicable Subscription Terms will govern the duration, renewal periods, and termination notice.
12.3 Data Backup Responsibility
The User is solely responsible for creating backups of any data stored on the Chemiecomm platform prior to termination or expiry of the agreement.
Miscellaneous
13.1 Amendments to Terms
Chemiecomm reserves the right to amend these Terms of Use periodically to reflect changes in regulatory or legal requirements, updates to the Chemiecomm platform, its business model, or for other operational reasons. Chemiecomm will reasonably consider the User’s legitimate business interests when making such changes and will notify the User at least one month in advance (via email or communication through the Chemiecomm platform). Changes will be deemed accepted by the User unless the User objects within the one-month notice period. Chemiecomm will highlight this in the notification. If the User objects, Chemiecomm reserves the right to terminate the agreement as per Section 13.1.
13.2 Written Modifications
Any modifications or amendments to these Terms of Use must be in writing and signed, or communicated as specified in Section 7, to be binding, unless stricter form requirements apply.
13.3 Entire Agreement
These Terms of Use and any referenced documents, including applicable Subscription Terms, constitute the entire agreement between Chemiecomm and the User regarding the use of the Chemiecomm platform, superseding any prior agreements or representations.
13.4 Severability
If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain valid. The parties shall replace the invalid or unenforceable provision with one that closely aligns with their original intent. This section is intended to clarify that it does not reverse the burden of proof.
13.5 Dispute Resolution
In case of any dispute between a User and Chemiecomm regarding the use of the Chemiecomm platform, the parties shall attempt to resolve the dispute amicably. Claims arising from agreements between Suppliers and Buyers or between Users and external service providers shall be resolved solely between those parties, with Chemiecomm not acting as a mediator or arbitrator.
13.6 Governing Law
The agreement between any User and Chemiecomm and any related disputes shall be governed by substantive law, excluding any conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
