Disclaimer & Legal Notice
Intellectual property, brand and packaging notice, and the terms on which this website is published.
Intellectual Property — Key Notice
We are a contract manufacturer (OEM/ODM/CDMO). We are not the brand owner of any third-party product. Trademarks, brand names, logos, service marks, product names, packaging designs, labels and trade dress shown anywhere on this website remain the property of their respective owners and are used, if at all, for identification and illustrative purposes only — to describe the categories of work we are able to perform.
No third-party brand owner is affiliated with, connected to, sponsoring, endorsing, approving or certifying us, our website or our services, and no such relationship should be inferred. If you believe any content on this website infringes your intellectual property rights, please follow the procedure in section 7 and we will respond promptly.
This Disclaimer and Legal Notice (the “Notice”) applies to capsulebiotech.com and to all content published on it, and is issued by Guangzhou Heritage Cosmeceutical Biotechnology Co., Ltd. (trading as CapsulesBiotech, referred to below as “we”, “us” or “our”). It is a legal notice and a disclaimer, not a contract of sale; the terms on which we supply goods and services are set out separately in our quotations and written agreements.
1. Acceptance of This Notice
By accessing, browsing or otherwise using this website, or by relying on any information published on it, you acknowledge that you have read, understood and accepted this Notice. If you do not accept it, please do not use this website. If you are using this website on behalf of a company, you confirm that you are authorised to do so and that your company accepts this Notice.
2. About Us and the Nature of Our Business
We are a contract manufacturer of cosmetic and personal-care capsules based in Guangzhou, China. We develop and produce capsules and related cosmetic products to the specification of our business customers, under their own brands, on an OEM, ODM and CDMO basis. We also supply customers with formulation development, filling, packaging and related services.
As a consequence, and importantly:
- We do not sell finished, branded consumer products to the public through this website, and this website is not a retail store, an online shop or a marketplace.
- We are not the brand owner, manufacturer of record, importer, distributor, marketing authorisation holder, responsible person or authorised representative for any product that carries a customer's brand or that is placed on the market by a customer.
- Any product names, categories, packaging concepts, images or descriptions shown on this website are provided to illustrate our manufacturing, formulation and packaging capabilities. They are not an indication that we own the rights in them, that we trade in them, or that we have any commercial relationship with any brand owner.
3. No Medical or Professional Advice
The information on this website is provided for general business and informational purposes only. It is not medical, pharmaceutical, nutritional, healthcare, dermatological or cosmetic-safety advice, and it is not legal, regulatory, tax, customs, financial or commercial advice.
Products manufactured by us are cosmetic and personal-care products. They are not medicines. Nothing on this website should be read as a suggestion that any product is a substitute for qualified professional medical care, and nothing on this website is addressed to individuals seeking personal medical or health guidance. Anyone considering the use of a product must consult a qualified professional before doing so, particularly if they are pregnant or nursing, are taking medication, have a known sensitivity, or have any medical concern.
Statements, descriptions, ingredient lists, formulations and specifications appearing on this website are indicative only, are subject to change without notice, and must not be relied upon as a representation about any particular product that we may manufacture. The information that governs a product is the documentation issued for that specific product under the applicable written agreement.
4. Accuracy and Completeness of Information
We take reasonable care in preparing the content of this website, but we do not warrant that it is accurate, complete, current, error-free or suitable for any particular purpose. Information is published on an “as is” and “as available” basis, and errors and omissions are excepted. Technical specifications, capacities, lead times, certifications, packaging formats, formulations, images and availability may change at any time, and our capability statements are general in nature and may not apply to every product or market.
Any decision you take in reliance on this website is taken at your own risk. You are responsible for verifying any information that matters to you with us in writing before you act on it.
5. No Offer, No Binding Quotation and No Contract
Nothing on this website constitutes an offer, a promise, a warranty, a binding quotation or a commitment to supply. Prices, minimum order quantities, lead times, specifications and availability quoted on this website or in correspondence are indicative. A contract is formed only when we confirm it in writing in accordance with our terms and conditions of sale. We may decline any enquiry or order at our discretion and without giving reasons, and we may correct any obvious error or omission in any quotation or on this website at any time.
6. Intellectual Property Notice
6.1 Ownership of website content
Unless stated otherwise, all content on this website — including text, editorial content, photographs, illustrations, graphics, icons, videos, animations, layouts, page designs, colour schemes, the selection and arrangement of content, source code, scripts and the overall look and feel of the website — is owned by us or is used by us under licence, and is protected by copyright, database, design, trade dress and other intellectual property laws. Any rights not expressly granted in this Notice are reserved.
6.2 Trademarks, brand names and logos
Our own name, brand name, trading names, logos and product names are our trademarks or are used by us. All other trademarks, service marks, trade names, brand names, product names, corporate names, logos and certification or accreditation marks appearing on this website are the property of their respective owners.
Third-party marks are used, if at all, only for factual identification and descriptive purposes, and may also be referenced in connection with services we are able to provide or products we are able to develop for customers in that category. Their use does not imply, and must not be construed as implying, any affiliation, connection, association, sponsorship, endorsement, approval, licence, distributorship, agency or certification of us, our website, our services or our products by the mark owner.
Certification marks and accreditation logos displayed on this website are the property of the issuing bodies. They are displayed solely to indicate that our facility held the relevant certification or accreditation at the time indicated. They are not a statement about, and do not extend to, any particular product, formulation, customer product or claim, and they may lapse or be withdrawn without notice. Where a certification applies to a specific scope, that scope governs.
6.3 Product images, packaging, labels and trade dress
Images of products, capsules, containers, jars, cartons, labels, foils, finishes and packaging shown on this website are illustrative. Some images depict products, packaging, artwork or designs that were developed for, produced for or supplied to customers.
- Rights in customer-specific artwork, brand names, logos, labels, packaging designs and trade dress belong to the relevant customer or the relevant rights holder, not to us.
- We do not claim any ownership of, or any licence in, third-party trademarks, brand names, logos, packaging designs or trade dress by displaying them, and we do not authorise any person to use them.
- Displaying an image of a finished unit does not mean that we sell that product, that we are its manufacturer of record for consumers, or that we have any ongoing relationship with the brand owner.
- Where a customer's logo or a manufactured unit is shown, it is displayed for the purpose of illustrating our manufacturing and packaging capability. If you are a rights holder and would like a specific image changed, credited or removed, please use the procedure in section 7 and we will act promptly.
6.4 No licence is granted
Nothing on this website and nothing in this Notice grants you any licence, permission, right or interest in or to any trademark, logo, copyright work, design, packaging or trade dress, whether ours or a third party's. You may view and print pages for your own internal business evaluation only. You must not, without our prior written permission: copy, reproduce, republish, upload, post, transmit, distribute, sell or exploit any content; modify or create derivative works from it; use it in connection with a product or service that is not ours; frame or mirror it; remove or obscure any proprietary notice; or use our name, logo, images or content in any way that suggests approval of, or association with, your own products or business. Systematic scraping, harvesting, data extraction and automated copying of this website are prohibited.
6.5 Client-supplied materials
Where a customer or prospective customer provides us with brand names, logos, artwork, photography, product names, claims, labels, packaging files or other materials, that party represents and warrants that it owns or has all necessary rights and permissions in that material and that its use by us to perform the agreed work will not infringe the rights of any third party or breach any law. The customer is responsible for obtaining any consents, licences or registrations required. We may decline, and may stop work on, any material we reasonably believe to be infringing, unlawful or misleading.
6.6 Illustrative, library and generated imagery
Some images on this website may be licensed stock or library imagery, or may be produced or enhanced using digital or generative tools. Such imagery is used for illustration only and may not depict the actual product, packaging, ingredient, facility or result. It is not a representation about any product, and it must not be relied upon for any technical, safety, regulatory or purchasing purpose.
6.7 Anti-counterfeiting policy
We manufacture to order for lawful business customers. We do not manufacture, supply, offer or facilitate counterfeit goods, unauthorised replicas, or products bearing brand names, logos or packaging without the rights holder's lawful authority, and we do not knowingly reproduce protected packaging, artwork or trade dress without evidence of the right to do so. We may request documentary evidence of authority at any time and may refuse or cancel any order where such evidence is not provided or where we reasonably suspect infringement or unlawful use.
7. Reporting an Intellectual Property Infringement
We respect the intellectual property rights of others and we will respond promptly to well-founded notices of alleged infringement. If you are a rights holder, or an agent authorised to act for a rights holder, and you believe that content on this website infringes your rights, please send a written notice to the contact details in section 18, marked “IP Infringement Notice”.
To allow us to act, your notice should include:
- your name, company, postal address, telephone number and email address;
- identification of the right you say has been infringed, including the registration number and territory where the right is registered, and evidence that you own or are authorised to enforce it;
- the exact URL and, where possible, a screenshot and a description of the content on this website that you say infringes your right, with enough detail for us to locate it;
- an explanation of why you consider the use infringes your right;
- a statement that you have a good faith belief that the use complained of is not authorised by the rights holder, its agent or the law;
- a statement that the information in your notice is accurate and, under penalty of perjury or an equivalent statement of truth, that you are the rights holder or are authorised to act on the rights holder's behalf;
- your physical or electronic signature.
What we do. We will acknowledge a complete notice without undue delay, review it, and where we agree it is well founded we will remove, disable or amend the content promptly and, where appropriate, notify the person who supplied it. If the content was supplied by a customer, we may refer the notice to that customer and may suspend the relevant work until the matter is resolved. Where a notice is incomplete we may ask for the missing information. Where we consider a notice to be unfounded, mistaken, or an attempt to suppress lawful content, we may refuse to act and explain why.
Counter-notice. A party whose content has been removed and who believes the removal was mistaken may send us a counter-notice with the same level of detail, including a statement of the grounds on which it believes the content is lawful and a statement of truth as to its rights. We will evaluate it in good faith, and may restore the content where we conclude that the original notice was mistaken or that the content is lawful.
Repeat infringers. We maintain a policy of terminating the relationship, and of suspending access, in respect of customers, suppliers and users who repeatedly infringe intellectual property rights or who submit false or misleading notices.
8. Third-Party Links and External Content
This website may link to, embed, or display content from third-party websites and services. Those links and that content are provided for convenience only. We do not control them, we do not review or endorse them, and we are not responsible for their content, accuracy, availability, security, legality or privacy or cookie practices. Accessing a third-party service is at your own risk and is governed by that third party's terms and policies. A link to or from this website does not imply any affiliation, endorsement or association.
9. Your Regulatory and Compliance Responsibilities
We supply manufacturing capacity and services. Regulatory responsibility for a finished product rests with the party that places it on the market. You are solely responsible, in respect of any product you ask us to develop, manufacture, fill or pack, and in respect of any market into which it is placed, for:
- ensuring the product, its formulation, its ingredients, its packaging and its labelling comply with all applicable laws and regulations of each target market;
- registering or notifying the product, and obtaining and maintaining any registration, notification, certification, permit, licence or market authorisation required, including any notification portal obligations in the European Union and the United Kingdom;
- carrying out or commissioning the required safety assessment, and for appointing and maintaining any responsible person, authorised representative or equivalent role required in the target market;
- the substantiation of every claim, statement, name, image, illustration, endorsation and marketing assertion used in relation to the product, and ensuring that no unlawful, misleading, exaggerated or prohibited claim is made;
- obtaining all necessary clearances, consents, licences and rights in respect of brand names, logos, artwork, images, packaging, designs, patents and formulations, and ensuring compliance with advertising, labelling, e-commerce, consumer-protection, product-safety and import rules;
- import, customs, duty, tax, tariff, product-safety, cosmetic-safety, chemical and ingredient compliance in the destination market, and for any product-information file, technical documentation or dossier that must be held or produced;
- all communications with regulators, authorities and consumers about the product and any recall, withdrawal, corrective action, complaint or adverse report concerning it.
We manufacture in accordance with the written specification approved by the customer. Unless we have expressly agreed otherwise in a signed writing, we are not the responsible person, the manufacturer of record for regulatory purposes, the importer, the distributor, the marketing authorisation holder or the brand owner for any customer product, and we do not provide regulatory approval, certification or legal clearance for any product or market. Any regulatory information on this website, and any assistance we may provide, is general and informational; it does not replace professional advice and it does not transfer responsibility from the customer to us.
10. Export Control, Sanctions and Restricted Parties
Our products, services and technical information may be subject to export-control, import and economic sanctions laws and regulations. You must not use this website, or our products or services, in violation of any such law, or to send, transfer or make available anything to a sanctioned person, entity, country or territory, or for a prohibited end use. We may be unable to respond to enquiries or fulfil orders in certain destinations, and we may carry out restricted-party screening. Nothing on this website constitutes an offer to supply where such supply would breach applicable law.
11. Disclaimer of Warranties
To the fullest extent permitted by applicable law, this website and all content on it are provided on an “as is” and “as available” basis, without any warranty, condition, representation or term of any kind, whether express, implied, statutory or otherwise. We specifically disclaim any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment and uninterrupted or error-free operation.
We do not warrant that the website will be available, that access will be uninterrupted or secure, that defects will be corrected, or that the website or the servers that make it available are free of harmful components. We do not warrant that any information on the website is accurate or suitable for your purposes.
12. Limitation of Liability
To the fullest extent permitted by applicable law, we exclude all liability arising out of or in connection with your access to, use of, or inability to use this website and its content, and any reliance placed on it.
To the fullest extent permitted by applicable law, we are not liable for any loss of profit, loss of revenue, loss of business, loss of opportunity, loss of anticipated savings, loss of goodwill, loss or corruption of data, business interruption, or any indirect, incidental, special, punitive or consequential loss or damage, however arising and whether in contract, tort (including negligence), strict liability, statute, misrepresentation or otherwise, even if we have been advised of the possibility of such loss.
Where our liability in connection with this website cannot lawfully be excluded, our total aggregate liability is limited, to the fullest extent permitted by law, to the greater of (a) the total amount paid by you to us for the specific goods or services to which the claim relates in the twelve months preceding the event giving rise to the claim, and (b) one hundred United States dollars or the equivalent in local currency.
Nothing in this Notice excludes or limits any liability that cannot lawfully be excluded or limited. This includes, for example, liability for death or personal injury caused by negligence, liability for fraud or fraudulent misrepresentation, and any mandatory consumer rights or statutory protections that cannot be waived or excluded under the laws of the European Union or its member states, the United Kingdom, France, the United States, the People's Republic of China or any other jurisdiction whose mandatory law applies to you. Where you deal with us as a consumer, your statutory rights are unaffected by this Notice.
13. Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless us and our directors, officers, employees, agents and subcontractors from and against any claims, actions, proceedings, demands, liabilities, losses, damages, fines, penalties, costs and reasonable legal fees arising out of or connected with: (a) your use of this website or breach of this Notice; (b) any material, artwork, label, claim, brand name, logo, image, packaging, specification or instruction that you provide to us and that infringes the rights of a third party or breaches applicable law; (c) any product sold, marketed, labelled or distributed by you, and any claim, regulatory action or product liability arising from it; and (d) your failure to comply with the responsibilities described in section 9.
14. Website Availability, Security and Force Majeure
We do not guarantee that this website will always be available or that access will be uninterrupted. The website may be suspended, restricted, interrupted or modified at any time, including for maintenance, upgrades, security reasons or matters outside our control. You are responsible for your own equipment, software, network and security, and for ensuring that anything you download from the website is free of harmful components.
We are not liable for any failure or delay in performing, or for any interruption, caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, armed conflict, civil unrest, terrorism, sanctions, strikes, labour disputes, failure of utilities, failure of the internet or of hosting, telecommunications or transport providers, government action, customs action, or cyber attack or other malicious interference.
15. Governing Law and Jurisdiction
This Notice, and any dispute or claim arising out of or in connection with it or with this website (including non-contractual disputes or claims), are governed by the laws of the People's Republic of China, without prejudice to any mandatory rule of the law of your own country that cannot be derogated from.
Subject to the paragraph below, you and we submit to the exclusive jurisdiction of the competent courts of Guangzhou, Guangdong Province, the People's Republic of China. Before starting proceedings, we each agree to attempt to resolve the matter in good faith by written notice and discussion.
Consumer and mandatory-law protections. Nothing in this section deprives you of the right to bring proceedings, or to rely on any protection, before the courts or under the law of the place where you are habitually resident, where such a right or protection is mandatory and cannot be waived, including under EU and French consumer law, UK consumer law, United States federal or state law, or the consumer-protection law of the People's Republic of China. Where a separate written agreement between us and a customer contains a different dispute-resolution clause, that agreement prevails for the matters it governs.
16. General Provisions
- Severability. If any provision of this Notice is found to be unlawful, invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.
- No waiver. Our failure or delay in exercising any right or remedy is not a waiver of that right or remedy, and no single or partial exercise prevents further exercise.
- Assignment. You may not assign or transfer any right or obligation under this Notice without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition or reorganisation.
- Entire notice. This Notice, together with our Privacy Policy, constitutes the entire notice in relation to the publication of this website. It does not supersede, and is to be read alongside, any written agreement, quotation, specification or set of terms and conditions governing the supply of goods or services, which prevail over this Notice in the event of conflict.
- Third-party rights. No person who is not a party to this Notice has any right to enforce any of its terms, to the extent permitted by applicable law.
- Language. This Notice is published in English, which is the governing language. Any translation is for convenience only and, in the event of inconsistency, the English version prevails to the extent permitted by applicable law. A Chinese-language version is available on request.
- Headings and interpretation. Headings are for convenience only. References to statutes include any amendment, re-enactment or successor legislation. “Including” and “such as” mean “including without limitation”.
17. Changes to This Notice
We may amend, update or replace this Notice at any time without prior notice, in particular to reflect changes in our practices, in our website or in applicable law. The version and effective date shown at the top of this page indicate the version currently in force. Your continued use of this website after a change takes effect constitutes acceptance of the amended Notice. Where required by law, we will provide a more prominent notice or obtain your consent.
18. Contact Us
For questions about this Notice, for permission requests, for regulatory or compliance enquiries, or to report infringement, counterfeiting or other unlawful content, please contact:
China Guangdong guangzhou 8th Floor, Building 5, Street 5, Greenland Airport International Center, Xinya Sub-district, Huadu District
Email: cyrus@capsulebiotech.com
Telephone: +8618565493591
Please mark intellectual property correspondence “IP Infringement Notice” and legal correspondence “Legal — Attention: Company Secretary”.
Our Privacy Policy explains how we handle personal data, including the data you send us when you contact us.
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