Terms & Conditions

Terms of Service

BioSycle, Inc (“BioSycle”) is here to provide its services to you as a User with Terms of Service (“Terms”). Before using the services of BioSycle, you have to carefully read these Terms.  When you use the services of BioSycle, you legally agree to comply with these Terms.  Otherwise, you should not access the services. To improve our services, we may change or modify these Terms at any time with or without further notice. Any changes and modification of the Terms will be indicated and posted on this page. You need to make sure to read the most updated Terms.

1. Services

BioSycle provides an online marketplace of biomedical science and innovation for “Sellers” who can list and sell their products, and for “Buyers” who can purchase products from Sellers. The process of selling and purchasing products are made exclusively between Sellers and Buyers. Therefore, Sellers and Buyers are entirely responsible for the sale of products (including, but not limited to, accuracy of information, availability, shipping and/or return, applicable product warranties and any other transaction deals) between them. BioSycle neither has its own products to sell, nor purchases any products from others through the services. 

BioSycle may provide Users the opportunity to participate in promotional programs and to facilitate its services of the online marketplace within a specific time frame. To participate in these programs, all Users (this refers to you) must read and agree to the specific terms that will be described and posted before and during the time of the promotions.

BioSycle provides payment processing services using purchase order (PO) or bank transaction, or third-party providers for purchasing products listed on this marketplace. Users can pay with and accept payment by these payment instruments. BioSycle provides refund process service upon request by, and an agreement between corresponding Seller and Buyer. However, BioSycle is not responsible for any disputes related to the listed and/or sold products.  

BioSycle provides customer service through email or telephone for questions related to using BioSycle service. 

2. Registration and General Requirements

1). Requirements for Registration: By using the Services of BioSycle, all Users (this refers to you) must read and accept the “Terms of Service”, and provide your accurate and current information with government-issued photo identification, as well as contact information to register an account. If you register on behalf of a company or organization, you must warrant that you have the legal authority to bind this company or organization to these Terms and you agree to be bound by these Terms on behalf of this company or organization. All Users must be at least 18 years old, or the age of majority in your state of residence. You must ensure that you can read, understand and agree with the “Terms of Service” when utilizing the Services of BioSycle.

2). General Terms for All Registered Users: As a registered User, you must warrant the followings: (a) you do not violate the “Terms of Service”, and any applicable local, state, national and international laws; (b) you do not attempt to obtain and/or transmit any other’s private information, as well as materials or information of BioSycle for personal gain or other purpose that are not supported by BioSycle; (c) you do not attempt to gain access to the Services or related systems or networks in a manner not permitted by the Terms of Service; (d) you are solely responsible for any liability resulting from your handling of your personal information including your identification, user name and password, and any other data while you register and/or access the Service site of BioSycle. Therefore, you must keep your personal information secure, and make sure they are not shared with anyone else or third party; (e) you must notify BioSycle promptly for any unauthorized access and/or use of the Services; (f) you agree to help us to protect all Users and BioSycle against any criminal activity by anyone through the Service of BioSycle. 

3). Inappropriate registration and/or access to the Service by any User will be denied and/or lead to termination of the User’s account by BioSycle in its sole discretion, with or without any notice. In the case of violating the laws mentioned above by any User, BioSycle reserves the right to report cases to the law enforcement authorities, and to take appropriate legal action against criminal activity.

4). You may be registered as a Seller or Buyer, or both a Buyer and Seller. 

3. User Obligations and Policies 

1) Special Obligations and Policies for Seller

As a Seller, you are responsible for posting your sale products to the Service site of BioSycle. You must provide accurate information of your sale products that may include product name, detailed description of the functions, features, quality and quantity, available time, prices, and other necessary supportive document (pictures, instruction, storage, reference, etc.). If you try to sell a used product, you have to clearly indicate and provide quality assessment. To post your products to the Service site of BioSycle for sale, you must warrant followings: (1) You have the legal right to sell the posted products, and you comply with applicable laws related to posting and transmission of any data associated with the products; (2) You do not post any unavailable or false products, nor anything containing infringing, obscene, harmful, illegal, ethnically and racially hated materials; (3) you are solely responsible for the packing and shipping of your products (make sure the packed products are secure for transportation), and you must promptly process shipping obligation upon receiving notice of completion of the purchasing process by Buyers through BioSycle Service; (4) you are solely responsible for the quality of your sold products to maintain buyer satisfaction, to which if any disputes occur, you agree to resolve directly with the Buyer (in the case of  the quality of your products fails to meet the description you posted on the Service Site of BioSycle, as well as Buyer’s expectation, or shipment of a wrong item, you should promptly process any payment reversal or replacement of the products); (5) you permit BioSycle to help you in promoting and selling your products through necessary activities (e.g. display, links, etc.) conducted on its Service site;  (6) you agree to provide the products with good quality and competitive price for sale through BioSycle Marketplace, if the listed products fail to meet the criteria or fail to selling over long periods of time (3 months), BioSycle may suggest an adjustment of the price or delisting the products; (7) you authorize BioSycle to service in payment process for purchasing your products by Buyers; (8) you are responsible for paying applicable fees for every transaction through the Service of BioSycle, that are detailed in the section of Fees Involved in Purchase and Sale Processes. 

2) Special Obligations and Policies for Buyer

As a Buyer, you are responsible for your purchase decision, and must not place fraudulent purchase orders, nor any other activities unrelated to a purchase of true product through BioSycle Services. To place an order, you must warrant the following: (1) you have an authentic, approved payment instrument; (2) you agree that your payment instrument may be stored in BioSycle Service for future use, and you must keep it accurate and updated; (3) you agree to pay a listed price of the products you ordered along with applicable shipment cost and taxes unless a special waiver is granted; (4) you cannot cancel the order or return your ordered products after the transaction window time has been closed unless a settlement between you and Seller permits (see Purchase/Sale Transactions and Policies); (5) if cancellation is allowed through a settlement, you agree to pay to Seller any expenses incurred; (6) you agree to release BioSycle (BioSycle does not produce any products for sale) from any liability claims related to products as they are sold by Seller who has the Purchase/Sale Transaction Contract with you. 

4. Purchase/Sale Transactions and Policies

1) Transaction Contract: Buyer should read all information of the products of interest before making an offer to purchase the products from Seller through the Service of BioSycle. Once the offer is accepted by Seller, there will be a sale transaction between Seller and Buyer, which becomes a legally binding contract. 

2) Payment and Shipment: Buyer should pay for the price of products and applicable taxes through the Service of BioSycle. Shipment cost of products may be payable by either the Buyer or Seller depending on the listing made by the Seller. BioSycle will issue Order Details to both Buyer and Seller through emails. Seller will also receive a Shipping Label with order number prepared by BioSycle through email. Seller is responsible for shipment of the products to the Buyer within 3 days after receiving the Order Details. Any unreasonable delay of the shipment may lead to cancellation of the order automatically through the Service Site of BioSycle. However, Seller may submit a request for a late shipment to both Buyer and Customer Service of BioSycle with explanation to Buyer for acceptance. 

5. Cancelation of Order and Transaction

1) Cancelation by Buyer: Buyer is allowed to change mind to cancel an order within six hours after placing the order. After the shipment of the products has been processed by Seller, Buyer cannot cancel the order, except as requested with acceptable reasons including any incorrect or damaged products, and significantly delayed shipment that should be approved by Seller. Otherwise, Buyer should pay to Seller all expenses incurred due to the cancelation of the order without acceptable reasons. 

2) Cancelation by Seller: Seller is not allowed to cancel a transaction once the product has been ordered by Buyer, with the exception of a failed payment from Buyer. 

3) Inspection, Acceptance or Rejection: Buyer is responsible to inspect the products right after receiving from Seller. If any incorrect (different from the listing) or damaged products are identified, Buyer should notify Seller with necessary evidence and documentation within five (5) days following receipt of the products. Otherwise, the transaction is considered complete. 

4) Refund: Seller should settle with Buyer upon receipt of the notice regarding any incorrect or damaged products. If the evidence supports Buyer’s claim, Seller should promptly arrange a replacement of the products at his/her own expense or refund the money to the Buyer. The refund may cover all expenses incurred by Buyer including the price of products, shipping and handling. Buyer may contact BioSycle for the refund within ten (10) days after the order has been processed to avoid a refund processing fee. 

6. Payment process to Seller

BioSycle provides Services of Marketplace that will process the payment from Buyer to Seller through its designated methods. BioSycle will transfer the earning to the Seller’s account within ten business days after receiving payment from Buyer. For a secure transfer of the fund, it is Seller’s responsibility to provide BioSycle with accurate, true payment bank account information along with legal name, address, date of birth, and your Tax Identification Number. BioSycle may hold funds if the Seller’s information cannot be confirmed and/or a fraud or chargeback is noticed. BioSycle and its bank do not pay any interest to user on any funds.

7. Risks of Product Shipment

It is Buyer’s responsibility to clearly and accurately provide a shipping address, and to ensure that he/she is able to receive the ordered products during the designated time set forth in the transaction process. In certain cases, Buyer may need to have necessary documents, requirements or authority to receive the products. Buyer assumes risk of a failed delivery or loss of, or damage to the ordered products due to his/her errors in the shipping address or receiving delay, or lack of authorization. Buyer may purchase any insurance to indemnify against any losses arising out of shipment.

8. Force Majeure

Seller should not be liable for any delays of product delivery due to causes beyond his/her reasonable control, including, but not limited to, terrorism, war, riots, strikes, accidents, fires, floods, breakdown of critical machinery and plant equipment, unavailability of transportation or action of any governmental authority. Seller may continue to make reasonable efforts to recommence performance of his/her obligations whenever and to whatever extent possible. If the event of Force Majeure causes an extended delay, Buyer shall have the right to terminate the Sale Contract with a written notice to Seller.

9. Disputes

It is important to know that BioSycle is not involved in the Purchase/Sale Transaction Contract between Seller and Buyer. Any disputes regarding the transaction contract should be resolved between Users (Seller and Buyer) at their own cost. If Users are unable to settle their disputes, they may report to Customer Service of BioSycle within three days after Buyer receives the products. BioSycle may step in at its discretion. BioSycle reserves the right to terminate service to any users who do not bind the Terms of Service at any time. 

Seller agrees to resolve any disputes directly with the Buyer according to the Terms. In the event that a dispute is escalated to BioSycle, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of BioSycle’s Terms. Items that are eligible for a refund will generally require that the item is returned to the Seller unless the item is considered hazardous, illegal or in violation of other policies.

In the event that a Buyer submits a chargeback or other form of request for payment reversal, BioSycle will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any information to BioSycle within five (5) calendar days of the request. BioSycle reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means.

Returns of prohibited items to Sellers are not allowed. Buyers may be eligible for a refund after the products have been confirmed destroyed. Sellers will not be reimbursed for prohibited items.

Buyer accounts may be closed for filing a chargeback without first filing a dispute against the Seller through the BioSycle Customer Service, or for filing false chargebacks.

10. Fees Associated with the Services of BioSycle

BioSycle provides free registration, free membership, and free product posting on the service site. To maintain its services, BioSycle charges following fees to Users:

1)    BioSycle charges 10% of the purchasing price of each sold product to the Seller as Service Fee for Sale.

2)    BioSycle collects 1.5 to 3.5% of the purchasing price of each sold product for credit cards or PayPal (according to their fees for transaction) from Seller if Buyer choses any of these payment instruments. 

3)    BioSycle charges $2 for Direct Deposit withdraw request under $10, and a $2 processing fee if a Direct Deposit transfer is rejected by User’s bank.

4)    BioSycle charges $20 to Seller as cancellation/refund process fee if the Seller cancels a transaction after the purchase has been made by Buyer, or requests a refund process to Buyer (due to a dispute on products).

5)    BioSycle may charge $20 to Seller in the event a buyer chargeback or dispute occurs.

6)    Buyer is responsible to pay Sales Taxes associated with transaction. BioSycle will collect any Taxes that are legally required on behalf of Seller, and may make necessary reports to tax authorities regarding transactions that are processed through BioSycle Service. In certain states, Sellers may be responsible for collecting Taxes from Buyer, and submitting any Taxes to the appropriate taxing authority in accordance with relevant state or local tax laws.

Any of above applicable fees will be deducted from the total earning fund at the time of transaction. 

If Seller fails to pay the full amounts owed to BioSycle, it will be a breach of the Terms. The Seller will be liable for the costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest. If the settlement amounts are not sufficient to meet your obligations to BioSycle, Seller’s bank account or credit card registered in the account will be used for charging.

11. Indemnification

1) All Users (this refers to you) are responsible for your action while using BioSycle Service. You agree to protect BioSycle against any crime. You agree to defend and indemnify BioSycle from and against any claim, loss, liability, damage, injury, death, and any expense, including reasonable attorneys’ and professional fees and costs, that are arising out of or in connection with: (1) your access to, or alleged use of, BioSycle Service; (2) your violation of any part of these Terms of Service, or any applicable local, state, national and international law or regulation; (3) your dispute with any third party, and/or violation of any third party right (including, but not limited to, intellectual property, confidentiality, and other property). 

2) Buyer agrees to defend and indemnify harmless Seller and his/her represented company or organization from and against any Claims that are arising out of or in connection with any act, negligence or misconduct of Buyer or his/her representatives, including but not limited to: (1) any misuse or modification of the Products, (2) any violation of the safety procedures or instructions provided by Seller (3) any violation of the instructions provided by Seller to install, operate, store and maintain the Products. 

These Claims include, but are not limited to, any loss, liability, damage, injury, death, deficiency, judgment, interest, penalty, fine, and expense (including, but not limited to, cost of enforcing any right to indemnification hereunder, cost of reasonable attorneys’ and professional fees, and cost of pursuing any insurance).

3) Seller agrees to defend and indemnify harmless Buyer and his/her represented company or organization from and against any Claims that are arising out of or in connection with the negligence or misconduct of Seller or his/her representatives.

12. License

1) BioSycle provides Services of the online marketplace of biomedical science and innovation. Its Service Site contains trademark, information of the services, integrated data, supporting software, text, images, graphics, forms, concepts, and other contents.  All these contents are protected by intellectual property law (copyright, trademark, patent, and trade secret laws). BioSycle grants its authorized Users a limited, non-transferable, non-sublicensable license to use the Services under the restrictions of the Terms of Service. All Users (this refers to you) must not make a derivative work, copy, modify, lease, redistribute any of these contents. Except as provided Services described in the Terms, that allow you to upload your products for sale listing, or to process purchasing transaction, you must not modify, extract, disable, scrape any data from the Services of BioSycle. You are responsible for any damage you cause to BioSycle.

2) BioSycle does not own the products listed by Sellers. All proprietary rights of the products are owned and controlled by their respective owners.  While using these products, you should follow applicable usage guidelines provided by their respective owners. 

13. Infringement 

All Users (this refers to you) must follow applicable intellectual property laws while accessing and/or using BioSycle Services. 

1)    Selling products: Any alleged infringement in connection with selling products through BioSycle Services should be reported to BioSycle in writing with reliable and detailed evidence by either email or regular mail, meanwhile the Seller should be notified in appropriate action. If the complaining party (Buyer or a thirty party) claims any infringement against Seller with legal action, Seller will be responsible for the following: (i) cooperates in the investigation of the infringement case; (ii) pays for any expenses involved in the settlements of infringement case, including, but not limited to, costs of defense and legal action, final settlement amount; (iii) removes the products from the BioSycle Service Site, and/or replaces the products with non-infringing ones; (iiii) accepts return of the products, and issues a refund of the charge upon Buyer’s request. 

2)    Purchasing products: Any proprietary information of Seller in connection with the products sold to Buyer is confidential. Buyer should use the products following intellectual property law. Seller will be entitled to cancel the sale contract with the Buyer, and may notify him/her of legal action in case of any breach of law by Buyer. 

14. Limitations of Liability 

1)     All Users (this refers to you) agree that BioSycle should not be liable in any event for any consequential, incidental, indirect, actual, special, exemplary damages or loss of profits, procurement and any property arising out of or relating to the Service of BioSycle or these Terms. In no event should BioSycle’s aggregate liability to you for all damages or losses exceed the greater of one hundred ($100) U.S. Dollars or the amount of service fee that you paid to BioSycle in the last six (6) months. 

2)     Seller should not be liable in any event for any consequential, incidental, indirect, actual, special, exemplary damages or loss of profits, procurement and any property arising out of or relate to the products. Except for death or sever injury resulting from Seller’s gross negligence, intentional or willful misconduct, Seller’s aggregate liability to Buyer for all damages or losses should not exceed the total purchase price that Buyer paid for the product giving rise to the claim. 

15. Service Modification and Interruption 

BioSycle will take reasonable efforts in good faith to provide quality Services for all Authorized Users. 

1) Modification of Terms: To continuously improve our Services, BioSycle may change or modify some Terms at any time with or without further notice to Users. The updated Terms with the changes and modifications will be indicated and posted on this page. 

2) Interruption of Service: As an online marketplace, the website of BioSycle may undergo necessary maintenance that makes the access of the Service temporary unavailable for Users. The internet outages can also lead to interruption of the Services. 

16. Termination 

1) Termination by Users: You may terminate your Account at any time by requesting BioSycle to do for your decision. Before the Account is terminated, you should save the information of your listed products and their transactions that you may need for your record, as they may be removed permanently thereafter. 

2) Termination by BioSycle: BioSycle may, in its sole discretion, with or without advance notice to users, suspend or terminate your Account for any reason that BioSycle reasonably believes you violate the Terms. In addition, a lack of account activity may also lead to account termination. BioSycle is not liable to you for any consequences following termination of your account.

3) Remaining Obligations: Some applicable Terms should still be fulfilled after your Account is terminated. You remain obligated to pay for all fees you owed to BioSycle and other Users, and/or to ship all products to Sellers who purchased from you through BioSycle Services, as well as to solve any disputes with other Users. BioSycle-issued Credits or unused coupons are invalid and expire upon termination of your account.

17. Promotions 

BioSycle may periodically provide promotions to designated users. The promotions may include, but are not limited to, free highlight of the listed products, waiver of the service fee for sale of products, coupons or discount codes. The use of these promotions should be limited within a designated time frame, and it will be subjected to the applicable policies issued by BioSycle. Any of these promotions are non-refundable, nontransferable, and cannot be exchanged for cash. BioSycle assumes no responsibility for any lost, stolen or destroyed coupons or discount codes. It is user’s responsible to keep them safe. To the fullest extent permitted by laws and regulations, BioSycle may change the policies of and/or terminate the promotions in its sole discretion, with or without notice to users. 

18. Referral Credits

1) Earning Referral Credits: BioSycle may periodically offer referral program with certain rules to its honorable users who refer new users to the Service of BioSycle. A prospected honorable user will be provided with an invitation code for referring new users. BioSycle may issue credits to the honorable user once whose referred new user has completed a sale transaction through the Service. The amount of the referral credits will be based on the price of the sale transaction, and determined by BioSycle before each referral program is announced. Any returned product and/or refund transaction will not be eligible for earning Referral Credits. To the fullest extent permitted by applicable laws or regulations, BioSyce may change this referral program or terminate it without any compensation for earned credits in its sole discretion with or without notice to users. 

2) Rules of Using Referral Credits: The referral credits owned by an honorable user can be used to purchase products through the Service of BioSycle. Under promotional programs, BioSycle may allow users to directly deposit the Referral Credits to the user’s Bank account by the end of the following month. In the latter case, a written request from the user to the Customer Service of BioSycle is required, and the user must provide accurate bank account information to BioSycle for direct deposit. BioSycle may assume no responsibility for any loss due to inaccurate bank account information received from the user. BioSycle charges $2 for Direct Deposit withdraw request under $10, and a $2 processing fee if a Direct Deposit transfer is rejected by User’s bank. The referral credits are not transferable to other persons, and they are valid for up to six months after the date they were issued. BioSycle is not responsible for any unused credit after its expiration. BioSycle and its bank do not pay any interest to user on any credits. To the fullest extent permitted by applicable law or regulation, BioSycle may change the Rules of Using Credits in its sole discretion with or without notice to users. 

19. Third Party Websites and Resources

BioSycle may provide links to third-party websites or information of other resources that are not owned or controlled by BioSycle. All Users (this refers to you) should assume their own risk to access these sites. BioSycle has no responsibility to ensure the safety, accuracy and integrity of contents of these sites. BioSycle will not involve any agreement between you and any thirty party, and is not liable for any claim that you may have against any third party. Should you notice any misleading or false information, and/or inappropriate contents including, but not limited to, infringing, obscene, harmful, illegal, ethnically and racially hated materials, please report to BioSycle Customer Service. 

20. Copy of Product Information

Sellers are responsible for keeping all information of listed products and transaction in a safe place other than BioSycle Service Site. Although BioSycle will take reasonable efforts in good faith to maintain the integrity of our services, we assume no liability for the loss or deletion of any content listed on and/or transmitted by the Service.

21. Miscellaneous

1) This Agreement shall begin on the Effective Date

2) Each heading in the Terms should not limit User’s understanding or affect the interpretation of any provisions of the Terms.

3) If any provision of the Terms is found to be unenforceable under certain circumstance, the provision will be adjusted to the greatest extent possible according to applicable law so that the Terms will otherwise remain in full force and effect.

4) Any failure of BioSycle to enforce any provision of the Terms shall not constitute a waiver of BioSycle’s right to later enforce this provision and any other provision of the Terms. 

5)  Termination, cancellation and completion of the Services of BioSycle should not preclude any provisions of the Terms. 

6) If User notices any violations of the Terms, please contact BioSycle at Services@biosycle.com with following information:

a.    a clear description of specific provision that you claim has been violated;

2. reliable evidence that supports your claim including, but not limited to, receipt, records, images, video, publications, communications and website;
3. your contact information so we can reach you: address, telephone number, and email address; 
4. your statement made under penalty of perjury indicates that your claim and description are accurate;
5. your physical or electronic signature.

22. Consent

You have read this Terms of Service and agree to be bound by the Terms.