Terms of Service

In these Terms of Service ("Terms"), the following definitions apply:

"Agreement" means these Terms of Service, together with any other policies incorporated herein by reference (including the Privacy Policy and the Corporate Policy Manual), as amended from time to time.

"KELIER", "we", "our", or "us" means Shenzhen Clear Science & Technology Co., Ltd, a limited liability company incorporated under the laws of the People's Republic of China, registered address at Room 2301, Building 1B, Zhihuijiayuan, Baolong Street, Longgang District, Shenzhen, Guangdong Province 518100, China, trading as KELIER.

"User", "you", or "your" means any natural person or legal entity that accesses or uses the Website or Services.

"Website" means the website operated by KELIER at https://kelier.co, including all sub-pages, sub-domains, and associated digital resources, which is hosted on server infrastructure located within the European Union.

"Services" means the Website and all related informational, technical, and communications services made available through it, including consultation request functionality, product and technology information, and downloadable documentation.

"Content" means all text, graphics, images, technical drawings, diagrams, photographs, video, audio, software, data, and other materials published on or made available through the Website.

"Intellectual Property Rights" means all patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names, trade dress, business names and domain names, goodwill, rights in design, rights in computer software, database rights, rights in confidential information (including trade secrets and know-how), and any other intellectual property rights, whether registered or unregistered, and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights subsisting anywhere in the world.

"Prohibited Conduct" has the meaning set out in Section 4.3 of these Terms.

"Force Majeure Event" has the meaning set out in Section 13 of these Terms.

"Sanctions" means any trade or economic sanctions laws, regulations, embargoes, or restrictive measures administered, enacted, or enforced by any Sanctions Authority.

"Sanctions Authority" means the United Nations Security Council; the European Union; the United Kingdom (including Her Majesty's Treasury and the Office of Financial Sanctions Implementation); the United States (including the Office of Foreign Assets Control of the U.S. Department of the Treasury ("OFAC"), the U.S. Department of State, and the U.S. Department of Commerce Bureau of Industry and Security ("BIS")); the People's Republic of China Ministry of Commerce ("MOFCOM"); and any other relevant governmental authority.

By accessing or using the Website or Services, you represent that you have read, understood, and agree to be legally bound by these Terms in their entirety. If you do not agree to all of these Terms, you must immediately cease using the Website and Services.

These Terms constitute a legally binding agreement between you and KELIER. If you are accessing or using the Website on behalf of a legal entity (including a corporation, partnership, or government agency), you represent and warrant that you have the full legal authority to bind that entity to these Terms, and references to "you" throughout these Terms shall include both you personally and the entity you represent.

Eligibility: The Website and Services are intended for use by business professionals, industrial operators, engineers, procurement specialists, and others acting in a commercial or professional capacity. By accessing the Website, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction, if higher) and are not prohibited from entering into legally binding agreements under the laws applicable to you.

You are responsible for ensuring that all persons who access the Website through your internet connection or systems are aware of these Terms and comply with them.

KELIER reserves the right to amend, update, or replace these Terms at any time at its sole discretion. The most current version of these Terms will be published on this page with an updated effective date. We will use reasonable efforts to provide prior notice of material changes by posting a notice on the Website homepage for at least 30 days before the changes take effect.

Your continued use of the Website or Services after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must cease using the Website immediately.

KELIER also reserves the right, at any time and without prior notice, to: modify, suspend, or discontinue any aspect of the Website or Services; impose limits on certain features or restrict access to parts or all of the Website; remove, modify, or add Content.

KELIER shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or Services.

4.1 Grant of Licence: Subject to your compliance with these Terms, KELIER grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Website and its Content solely for your own internal informational and business evaluation purposes. This licence does not include any right to resell or make commercial use of the Website or any of its Content; to collect and use any product listings, descriptions, or prices; to make any derivative use of the Website or its Content; or to download or copy account information for the benefit of another merchant or service provider.

4.2 No Transfer of Ownership: This licence is a grant of access rights only and does not transfer any title to or ownership of the Website, its Content, or any Intellectual Property Rights therein to you.

4.3 Prohibited Conduct: You must not, and must not attempt to, engage in any of the following ("Prohibited Conduct"): (a) use the Website for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website; (b) attempt to gain unauthorised access to any portion or feature of the Website, or to any other systems or networks connected to the Website; (c) use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means to access the Website or collect any Content; (d) reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or exploit any Content without KELIER's prior written consent; (e) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Website or any software used in connection with it; (f) access or use the Website in order to build a product or service that competes with KELIER's business; (g) circumvent, disable, or otherwise interfere with any technological protection measure, digital rights management system, or security-related feature of the Website; (h) use the Website to transmit, distribute, post, or submit any material that infringes, misappropriates, or violates Intellectual Property Rights, rights of publicity, privacy rights, or any other rights of any person; (i) engage in conduct that is fraudulent, misleading, defamatory, threatening, harassing, or abusive; (j) use the Website for any purpose that would violate any applicable export control, sanctions, or anti-corruption laws.

4.4 Reservation of Rights: All rights not expressly granted in these Terms are reserved by KELIER and its licensors.

5.1 Ownership: All Intellectual Property Rights in and to the Website and all Content are the exclusive property of KELIER and/or its licensors. The Website and Content are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws of the People's Republic of China, the European Union, the United Kingdom, the United States, and other jurisdictions.

5.2 Trade Marks: The name "KELIER", the KELIER logo, and all related product names, logos, slogans, and trade dress are registered or unregistered trademarks of Shenzhen Clear Science & Technology Co., Ltd. Nothing in these Terms grants you any right to use any trademark, trade name, service mark, logo, or trade dress belonging to KELIER. Any use of KELIER's trademarks without prior written authorisation is strictly prohibited.

5.3 Copyright: The compilation of all Content on the Website is the exclusive property of KELIER and is protected by copyright. You may print or download Content from the Website solely for your own personal, non-commercial use, provided that you do not modify the Content and you retain all copyright and other proprietary notices. Any other use of Content, including reproduction, distribution, transmission, modification, public display, or creation of derivative works, is strictly prohibited without KELIER's prior written consent.

5.4 DMCA Notice (United States): If you believe that material on the Website infringes your copyright under the United States Digital Millennium Copyright Act (DMCA), please send a written notice to contact@kelier.co containing: (a) a physical or electronic signature of the copyright owner or authorised agent; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorised; and (e) a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner's behalf.

5.5 Feedback: If you provide us with feedback, suggestions, or ideas regarding the Website or Services ("Feedback"), you grant KELIER an irrevocable, perpetual, worldwide, royalty-free licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such Feedback in any form and for any purpose, without compensation or attribution to you.

When you submit information through our Website — including through consultation request forms, email, or any other communication channel — you represent and warrant that: (a) you have the right and authority to submit such information; (b) the information is accurate, complete, and not misleading; (c) the submission of such information does not infringe or violate any third party's rights, including intellectual property rights, confidentiality obligations, or privacy rights; and (d) the information does not contain any material that is unlawful, defamatory, threatening, obscene, or otherwise objectionable.

You retain ownership of any information you submit. By submitting information, you grant KELIER a limited, non-exclusive licence to use, store, and process that information for the purpose of responding to your enquiry and managing our business relationship with you, in accordance with our Privacy Policy.

You acknowledge that any non-personal and non-confidential information you submit may be used by KELIER for any purpose, including for improving our Services and products, subject to applicable law. KELIER does not treat unsolicited ideas submitted through general enquiry forms as confidential.

The technical specifications, performance data, product descriptions, process diagrams, and engineering information published on the Website are provided for general informational and marketing purposes only. They represent typical or nominal values under standard operating conditions and are not intended to constitute a warranty, guarantee, or representation as to the performance or suitability of any KELIER product or system for any specific application.

All engineering evaluations, project assessments, and technical recommendations require a formal site-specific review by qualified KELIER engineers taking into account the particular conditions, constraints, and requirements of the proposed application. No reliance should be placed on Website Content as a substitute for competent professional engineering advice.

KELIER reserves the right to modify product specifications, technical data, performance parameters, and engineering standards at any time without notice, in accordance with our programme of continuous improvement. The most current specifications are provided in formal project documentation issued directly to clients.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

KELIER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (b) ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (c) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT; AND (d) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED.

KELIER DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU USE THE WEBSITE AT YOUR OWN RISK.

Statutory Rights: Nothing in these Terms shall operate to exclude or limit any statutory rights that cannot lawfully be excluded or limited, including without limitation any rights of consumers under applicable consumer protection legislation. Where such statutory rights exist, they are preserved in full. In particular: (a) consumers in the European Union retain all rights conferred by EU consumer protection directives; (b) consumers in the United Kingdom retain all rights under the Consumer Rights Act 2015 and related legislation; (c) consumers in Australia retain all rights under the Australian Consumer Law; (d) consumers in other jurisdictions retain all rights conferred by applicable mandatory consumer protection legislation. This Website is directed at business and professional users, not at consumers.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KELIER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SUBCONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF KELIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUBJECT TO THE PARAGRAPH BELOW, KELIER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE — SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD 100) OR THE EQUIVALENT IN LOCAL CURRENCY.

The limitations in this Section shall not apply to: (a) liability for death or personal injury caused by KELIER's negligence; (b) liability for fraud or fraudulent misrepresentation; (c) any other liability that cannot be excluded or limited by applicable mandatory law. Nothing in these Terms shall affect any mandatory statutory rights of consumers that cannot be excluded or limited under applicable law.

You acknowledge that the limitations of liability set out in this Section are an essential element of the basis of the bargain between you and KELIER, and that KELIER would not have made the Website available to you in the absence of such limitations.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless KELIER, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms; (b) your use or misuse of the Website or Services; (c) any User-submitted information you provide; (d) your violation of any applicable law or regulation; or (e) your infringement of the rights of any third party, including intellectual property rights, privacy rights, or rights of publicity.

KELIER reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify KELIER, and you agree to cooperate with our defence of such claims. You agree not to settle any such matter without KELIER's prior written consent. KELIER will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

KELIER's products, technologies, and technical information may be subject to export control laws and regulations, including without limitation: the Export Administration Regulations (EAR) of the United States (15 C.F.R. Parts 730–774); the International Traffic in Arms Regulations (ITAR) of the United States; the dual-use goods and technology regulations of the European Union (Council Regulation (EC) No 428/2009, as recast); the Export Control Law of the People's Republic of China (effective 1 December 2020) and related implementing regulations; and the Strategic Trade Act 2010 of Malaysia and equivalent legislation in other jurisdictions.

By accessing the Website or enquiring about our products, you represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country or territory that is subject to a comprehensive embargo maintained by any Sanctions Authority; (b) you are not identified on any Sanctions list, including OFAC's Specially Designated Nationals and Blocked Persons List (SDN List), the EU Consolidated Financial Sanctions List, the UK HM Treasury Sanctions List, or any analogous list; (c) you will not use any KELIER product, technology, software, or technical information for any end-use prohibited by applicable export control or sanctions regulations, including nuclear, chemical, biological, or radiological weapons programmes, or for any purpose that would constitute a violation of applicable law; and (d) you will obtain all necessary export licences or authorisations before exporting, re-exporting, or transferring any KELIER product, technology, or technical information.

KELIER reserves the right to refuse, cancel, or suspend access to the Website and Services where we have reasonable grounds to believe that a user or enquirer may be subject to applicable export control restrictions or sanctions. Any violation of this Section constitutes a material breach of these Terms and may result in immediate termination of access.

The Website may contain hyperlinks to websites, resources, or services operated by third parties that are not owned or controlled by KELIER. Such links are provided solely for your convenience and informational purposes. KELIER has no control over, and accepts no responsibility for, the content, privacy policies, data processing practices, availability, or security of any third-party website or service.

The inclusion of any link on the Website does not imply KELIER's endorsement, sponsorship, or affiliation with the linked website, or any association with its operators. You access third-party websites at your own risk. KELIER strongly recommends that you review the terms of use and privacy policies of any third-party website before providing any personal data or engaging in any transaction.

KELIER shall not be liable for any loss or damage suffered as a result of using or relying on any content, goods, or services made available on or through any third-party website linked from the Website.

KELIER shall not be in breach of these Terms, nor liable for any failure or delay in the performance of any obligation under these Terms, if such failure or delay results from circumstances beyond KELIER's reasonable control ("Force Majeure Event").

Force Majeure Events include, without limitation: acts of God; natural disasters (including earthquakes, floods, storms, and pandemics or epidemics declared by competent authorities); wars, acts of terrorism, civil unrest, or armed conflicts; strikes, lockouts, or industrial disputes not involving KELIER's own employees; actions or omissions of governmental authorities, including the enactment of laws or regulations that impede performance; failure or disruption of public utilities (including electricity, telecommunications, or internet services); cyberattacks or malicious code introduced by third parties despite KELIER's use of reasonable security measures; and any other event of a similar nature that is outside KELIER's reasonable control.

Upon the occurrence of a Force Majeure Event, KELIER will: (a) notify you as soon as reasonably practicable; (b) use commercially reasonable efforts to overcome or mitigate the effects of the Force Majeure Event; and (c) resume performance as soon as the Force Majeure Event has ceased or has been overcome.

If a Force Majeure Event continues for a period in excess of 90 consecutive days, either party may terminate any engagement or agreement between the parties upon written notice, without liability to the other party, other than in relation to obligations that have already accrued prior to termination.

14.1 Amicable Resolution: In the event of any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or validity thereof (a "Dispute"), the parties shall first attempt to resolve the Dispute through good-faith consultation and negotiation. Either party wishing to initiate dispute resolution proceedings must first provide written notice of the Dispute to the other party, and the parties shall have 30 calendar days from receipt of such notice to attempt to reach a mutually acceptable resolution.

14.2 Arbitration: If a Dispute cannot be resolved by negotiation within the 30-day period specified above, either party may submit the Dispute to final and binding arbitration administered by the China International Economic and Trade Arbitration Commission ("CIETAC") in accordance with CIETAC's arbitration rules then in effect. The seat of arbitration shall be Shenzhen, China. The arbitration shall be conducted in the English language. The arbitral tribunal shall consist of three arbitrators, unless the parties agree on a sole arbitrator. The arbitral award shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.

14.3 Governing Law: These Terms and any Dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict-of-law provisions. Notwithstanding the foregoing, mandatory consumer protection provisions and other mandatory laws of the jurisdiction in which you are habitually resident shall apply to the extent required by applicable law and shall not be affected by this choice-of-law clause.

14.4 EU and UK Users: If you are located in the European Union or the United Kingdom, nothing in this Section shall deprive you of the protection afforded by provisions that cannot be derogated from by agreement under the law of your country of habitual residence. In particular, EU consumers may bring proceedings in the courts of the EU Member State in which they are habitually resident, and EU Alternative Dispute Resolution (ADR) mechanisms remain available under EU Regulation No 524/2013.

14.5 United States Users: To the extent permitted by applicable law, you waive any right to participate in a class action lawsuit or class-wide arbitration. If this waiver is found to be unenforceable in your jurisdiction, this arbitration clause shall not apply to you and disputes shall be resolved by the courts of competent jurisdiction.

14.6 Injunctive Relief: Notwithstanding the above, KELIER reserves the right to seek emergency or interim injunctive or equitable relief from any court of competent jurisdiction to protect its Intellectual Property Rights, confidential information, or other proprietary rights pending the conclusion of arbitration or other proceedings.

15.1 Entire Agreement: These Terms, together with the Privacy Policy and any other policies expressly incorporated herein, constitute the entire agreement between you and KELIER with respect to your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to that subject matter.

15.2 Severability: If any provision of these Terms is held by a court or arbitral tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible, and the remaining provisions of these Terms shall continue in full force and effect.

15.3 Waiver: No failure or delay by KELIER in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. No waiver shall be effective unless made in writing and signed by an authorised representative of KELIER.

15.4 Assignment: You may not assign, transfer, delegate, or sublicence your rights or obligations under these Terms, in whole or in part, without KELIER's prior written consent. KELIER may freely assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or operation of law.

15.5 Notices: All notices to KELIER under these Terms must be in writing and sent to contact@kelier.co. Notices will be deemed received when sent to the email address provided, unless the sending party receives notification of delivery failure. KELIER may provide notices to you via email to the address you have provided or by posting a notice on the Website.

15.6 Language: These Terms are written in the English language. To the extent any translation is provided for convenience, the English version shall prevail in the event of any inconsistency. In jurisdictions where applicable law requires that these Terms be provided in the local official language, the local-language version shall apply to the extent required by law.

15.7 No Third-Party Beneficiaries: These Terms are for the sole benefit of the parties hereto and their respective permitted successors and assigns, and nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

15.8 Relationship of the Parties: Nothing in these Terms shall create or be deemed to create a partnership, joint venture, agency, or employment relationship between you and KELIER.

15.9 Headings: Section headings in these Terms are included for convenience of reference only and shall not affect the interpretation or construction of these Terms.

15.10 Accessibility: If you require these Terms in an alternative format for accessibility purposes, please contact us at contact@kelier.co and we will use reasonable efforts to provide them in a format suited to your needs.

Version History: Version 1.0 — Effective 1 January 2025 — Initial publication.