Terms of Service

Effective Date: May 27, 2026 | Version Number 2.5

OVERVIEW

This website is operated by AFSBio Inc. Throughout the site, the terms “we”, “us” and “our” refer to AFSBio Inc. AFSBio Inc. offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site. If you do not agree, you may not access the site or use the Services. We reserve the right to update or modify these Terms at any time. Continued use constitutes acceptance. Our store is hosted on Shopify Inc.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are the age of majority in your jurisdiction and are an authorized purchasing agent acting on behalf of a legitimate laboratory, university, hospital, research institution, or corporate entity. You agree not to use our products for any unlawful or unauthorized purpose and not to violate any applicable laws. A breach will result in immediate termination of Services.

AFSBio Inc. reserves the right to require documentary verification of institutional affiliation, purchasing authority, and applicable licenses prior to fulfilling any order. This may include, without limitation, copies of institutional purchase orders, biosafety committee approvals, relevant regulatory permits, or government-issued identification confirming authorized representative status. Failure to provide requested documentation within five (5) business days may result in order cancellation without liability to AFSBio Inc.

SECTION 2 – PRODUCTS, INTENDED USE, AND COMPLIANCE

All products are for Research Use Only (RUO) unless explicitly stated otherwise. You represent that you are a qualified institutional entity holding all required licenses, permits, and approvals under applicable law, including without limitation: (i) in Canada, applicable federal and provincial biosafety and controlled substance regulations; (ii) in the United States, the Biological Weapons Anti-Terrorism Act, the Public Health Service Act, Select Agent regulations (42 C.F.R. Part 73 and 9 C.F.R. Part 121), the Export Administration Regulations (EAR, 15 C.F.R. Parts 730–774), and the International Traffic in Arms Regulations (ITAR, 22 C.F.R. Parts 120–130) where applicable; (iii) in Australia, the Gene Technology Act 2000 (Cth), the National Health Security Act 2007 (Cth), and applicable state biosafety legislation; and (iv) in New Zealand, the Hazardous Substances and New Organisms Act 1996 (HSNO Act). You further represent that your facilities meet all required biosafety level (BSL) standards for the materials ordered and that all applicable institutional biosafety committee approvals are in place. Product data and protocols are informational only and provided without performance guarantees. You agree to comply with all applicable health, safety, environmental, and hazardous materials laws. You agree not to resell, redistribute, broker, or otherwise transfer products to any third party, including through online marketplaces (including but not limited to Amazon, eBay, Alibaba, or similar platforms), without prior written consent. We reserve the right to refuse sales based on risk or regulatory concerns.

SECTION 3 – INTELLECTUAL PROPERTY RIGHTS

All content, including product designs, formulations, sequences, protocols, data sheets, trademarks, and materials are the exclusive property of AFSBio Inc. or its licensors and are protected by intellectual property laws. No rights or licenses are granted except for limited use consistent with these Terms. Unauthorized use, reproduction, or exploitation is strictly prohibited.

SECTION 4 – BILLING, ORDERS, AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order. You agree to provide accurate account and payment information. Purchases must align with institutional laboratory use. Transactions must be completed in the designated regional currency. Where payment is received in an incorrect currency, AFSBio Inc. reserves the right to issue a supplemental invoice for any shortfall resulting from currency conversion. Overpayments attributable solely to currency error will be refunded net of applicable bank and conversion fees within thirty (30) days of written notice from the Buyer. Temperature-sensitive, custom, and perishable items are non-returnable and non-refundable. Custom orders cannot be cancelled after production begins. Approved returns may incur up to a 20% restocking fee.

SECTION 5 – PAYMENT TERMS AND COLLECTION

All payments are due as specified at checkout or on invoice. Overdue balances may accrue interest at the maximum legal rate. You agree to pay all collection costs, including legal fees. We reserve the right to suspend services or future orders for non-payment.

SECTION 6 – SHIPPING AND DELIVERY

For temperature-sensitive products, Buyer must inspect shipments immediately upon receipt and notify AFSBio Inc. of any suspected cold-chain failure, visible product degradation, or temperature excursion within forty-eight (48) hours of delivery. Notification must be provided in writing and must include photographic documentation of the shipment, packaging, and any available temperature monitoring data. Failure to provide timely notice will constitute acceptance of the shipment and waiver of any related claim. AFSBio Inc. will have no obligation to replace or refund products where timely notice is not provided.

Shipments are made under Incoterms 2020 as follows: (i) for shipments within the United States and Canada, delivery shall be made on a Delivered at Place (DAP) basis, with AFSBio Inc. responsible for arranging transportation and customs brokerage; and (ii) for shipments to Australia and New Zealand, delivery shall be made on a Delivered at Place (DAP) basis, with the Buyer acting as importer of record and responsible for all applicable import duties, taxes, and local charges.

Notwithstanding the foregoing, risk of temperature excursion, degradation, or improper post-delivery handling shall transfer to the Buyer immediately upon physical delivery of the shipment to the destination address.

AFSBio Inc. shall not be liable for delays, seizures, rejections, or additional costs arising from customs clearance processes, regulatory inspections, or import compliance issues.

Where AFSBio Inc. arranges customs clearance or brokerage services on behalf of the Buyer, such services are provided as a convenience only, and the Buyer remains the importer of record unless otherwise explicitly agreed in writing.

SECTION 7 – FORCE MAJEURE

We are not liable for failure or delay caused by events beyond our control, including but not limited to natural disasters, pandemics, supply chain disruptions, customs delays, regulatory actions, labor disruptions, or cyber incidents.

SECTION 8 – OPTIONAL TOOLS

Third-party tools are provided “as is” without warranties. Use is at your own risk.

SECTION 9 – THIRD-PARTY LINKS

We are not responsible for third-party content, services, or transactions.

SECTION 10 – USER SUBMISSIONS

You grant AFSBio Inc. a perpetual, worldwide, royalty-free, irrevocable license to use, reproduce, and incorporate into its products and services any non-confidential, non-proprietary feedback, suggestions, or comments you voluntarily submit. This license does not apply to feedback that you designate in writing as confidential or proprietary at the time of submission, or to any experimental data, research results, or proprietary scientific information included in such submissions. You agree not to submit unlawful, misleading, or harmful content.

SECTION 11 – PRIVACY AND DATA PROTECTION

Personal information collected through this website and in connection with orders is handled in accordance with our Privacy Policy and all applicable privacy and data protection laws, including without limitation: (i) the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation in Canada; (ii) the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), as well as other applicable US state privacy laws including the Virginia Consumer Data Protection Act (VCDPA) and Colorado Privacy Act (CPA); (iii) the General Data Protection Regulation (GDPR) where applicable to European data subjects; (iv) the Privacy Act 1988 (Cth) and Australian Privacy Principles in Australia; and (v) the Privacy Act 2020 in New Zealand. Our Privacy Policy is incorporated by reference into these Terms and is available on our website.

SECTION 12 – ERRORS AND OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions and cancel orders if necessary.

SECTION 13 – PROHIBITED USES

You may not use the site for unlawful purposes, intellectual property infringement, harassment, fraud, malware, scraping, data extraction, or AI/ML training without prior written consent. The prohibition on use of site content for artificial intelligence or machine learning training purposes applies to all content on this website, including but not limited to product descriptions, technical data sheets, protocols, pricing, and user interface elements, regardless of the method of collection. AFSBio Inc. expressly reserves all rights in such content under applicable intellectual property laws. This prohibition is in addition to, and does not limit, the terms of AFSBio Inc.'s robots.txt file and any applicable website use policies.

SECTION 14 – DISCLAIMER OF WARRANTIES

Services and products are provided “as is” without warranties of any kind. We do not guarantee uninterrupted or error-free operation or experimental success.

SECTION 15 – NO RELIANCE

You acknowledge you are not relying on AFSBio Inc. for experimental design, results, regulatory compliance, or scientific conclusions. All use is at your own risk.

SECTION 16 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, AFSBio Inc. shall not be liable for indirect, incidental, or consequential damages. Total liability shall not exceed the purchase price paid for the specific product giving rise to the claim. In no event shall the aggregate liability of AFSBio Inc. arising out of or relating to these Terms exceed the total amount paid by the Buyer to AFSBio Inc. in the twelve (12) months preceding the event giving rise to the claim.

SECTION 17 – INSURANCE

Buyer is responsible for maintaining appropriate insurance coverage, including laboratory and liability insurance.

SECTION 18 – INDEMNIFICATION

You agree to indemnify and hold harmless AFSBio Inc. from any claims arising from your use, misuse, or breach of these Terms.

SECTION 19 – REGULATORY COMPLIANCE AND CONTROLLED MATERIALS

You agree to comply with all applicable biosafety, biosecurity, hazardous material, and controlled substance regulations and confirm that all required licenses and approvals are in place.

SECTION 20 – AUDIT AND VERIFICATION

We reserve the right to request documentation verifying regulatory compliance. Failure to provide such documentation may result in refusal of service or cancellation of orders.

SECTION 21 – SEVERABILITY

Invalid provisions shall not affect the remainder of the Terms.

SECTION 22 – TERMINATION

We may terminate access at any time for violations of these Terms. Obligations incurred prior to termination survive.

SECTION 23 – DISPUTE RESOLUTION AND VENUE

All disputes arising out of or relating to these Terms or any purchase made hereunder shall be resolved as follows:

•        Canada: Disputes shall be resolved by binding arbitration administered in Ontario, Canada, under the rules of the ADR Institute of Canada. Courts in Ontario have exclusive jurisdiction for the purposes of injunctive or other equitable relief.

•        United States: Disputes involving US-domiciled buyers shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Ontario, Canada unless otherwise required by applicable law or agreed in writing by the parties.

•        Australia and New Zealand: Nothing in this section limits any right a consumer may have under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)), the Consumer Guarantees Act 1993 (NZ), or other non-excludable statutory rights. To the extent that mandatory arbitration is unenforceable under applicable law with respect to such statutory claims, those claims may be brought in the courts of the applicable jurisdiction.

In all cases, each party irrevocably waives any right to a jury trial in connection with any dispute under these Terms, to the fullest extent permitted by applicable law.

SECTION 24 – PROCUREMENT SYSTEMS

These Terms apply to all purchases, including those made through ERP systems, procurement tools, or automated purchasing systems.

SECTION 25 – ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and AFSBio Inc.

SECTION 26 – GOVERNING LAW

These Terms are governed by the laws of the Province of Ontario and applicable federal laws of Canada.

SECTION 27 – CHANGES TO TERMS

We may update these Terms at any time. Continued use constitutes acceptance.

SECTION 28 – EXPORT CONTROLS AND SANCTIONS, COMPLIANCE REPRESENTATIONS

You agree to comply with all export control and sanctions laws and not to transfer products to restricted parties or jurisdictions or for prohibited uses including military, nuclear, or biological weapons applications.

By placing an order, Buyer represents and warrants that: (i) it is not listed on, and is not owned or controlled by any party listed on, any sanctions list maintained by the Government of Canada (including lists under the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act), the United States Office of Foreign Assets Control (OFAC), the United Nations Security Council, or any other applicable sanctions authority; (ii) it is not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive sanctions; and (iii) no products purchased under these Terms will be used in, transferred to, or for the benefit of any sanctioned party or jurisdiction. AFSBio Inc. reserves the right to cancel any order or terminate any account where it has reason to believe this representation is or has become inaccurate, without liability.

SECTION 29 – REGIONAL COMPLIANCE (AUSTRALIA AND NEW ZEALAND)

AUSTRALIA: Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL), Schedule 2 of the Competition and Consumer Act 2010 (Cth). For major failures, you are entitled to a replacement or refund and compensation for any other reasonably foreseeable loss or damage. For failures that are not major, you are entitled to have the failure remedied within a reasonable time. Where we are permitted to limit our liability under the ACL, our liability is limited to: (i) in the case of goods, replacement, repair, or the cost of replacement or repair; and (ii) in the case of services, re-supply or the cost of re-supply. Nothing in these Terms is intended to exclude, restrict, or modify rights that cannot lawfully be excluded, restricted, or modified.

NEW ZEALAND: Our products and services come with guarantees under the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 that cannot be excluded for consumer transactions. To the extent permitted by applicable law, our liability for breach of any guarantee implied by the CGA is limited to repair, replacement, or refund of the purchase price. Where the Buyer is acquiring products for the purposes of a business, the parties agree that the CGA shall not apply, and the Buyer waives all rights and remedies under the CGA to the fullest extent permitted by law.

In both jurisdictions, the Buyer (as importer of record) is solely responsible for compliance with all applicable import licensing, biosafety, and customs requirements. AFSBio Inc. makes no representation that its products are approved or licensed for importation into Australia or New Zealand, and Buyer is responsible for obtaining all necessary permits prior to placing an order.

SECTION 30 – CONTACT INFORMATION

AFSBio Inc.
407-360 Ridelle Ave. Toronto, ON, Canada. M6B1K1
+1 416 939 6595

In accordance with CASL, this email address does not consent to receiving unsolicited commercial messages (CEMs); suppliers must use our contact form.