This page (together with the documents referred to on it) tells you
the terms on which you may make use of our website (our site), whether
as a guest or as a registered user. Please read these terms of use
carefully before you start to use the site. By using our site, you
indicate that you accept these terms of use and that you agree to abide
by them. If you do not agree to these terms of use, please refrain from
using our site.
1 Information about us
1.1 Nelsons is an independent family business with a long standing commitment to supplying high quality natural medicines
1.2 These sites
www.rescueremedy.co.uk
www.bachremedies.co.uk
www.nelsonshp.com
www.nelsons.net
are
operated by Nelsons, which is a trading name of A Nelson and Co Ltd.
registered in England and Wales under company number 249879 and with
registered office at Nelsons House, 83 Parkside, Wimbledon, London,
SW19 5LP.
1.3 Our main trading address is Nelsons House, 83 Parkside, Wimbledon, London, SW19 5LP.
1.4 Our VAT number is; 318599419.
2 Accessing our site
2.1
Access to our site is permitted on a temporary basis, and we reserve
the right to withdraw or amend the service we provide on our site
without notice. We will not be liable if for any reason our site is
unavailable at any time or for any period.
2.2 From time to
time, we may restrict access to some parts of our site, or our entire
site, to users who have registered with us.
2.3 If you choose,
or you are provided with, a user identification code, password or any
other piece of information as part of our security procedures, you must
treat such information as confidential, and you must not disclose it to
any third party. We have the right to disable any user identification
code or password, whether chosen by you or allocated by us, at any
time, if in our opinion you have failed to comply with any of the
provisions of these terms of use.
2.4 When using our site, you must comply with the provisions of our acceptable use policy.
Questions, comments and requests regarding this policy should be sent to:
enquiries@nelsons.net or
Nelsons, Nelsons House, 83 Parkside, Wimbledon, London, SW19 5LP.
2.5
You are responsible for making all arrangements necessary for you to
have access to our site. You are also responsible for ensuring that all
persons who access our site through your internet connection are aware
of these terms, and that they comply with them.
3 Accuracy of Information and Disclaimer
3.1
PLEASE NOTE: The information on our site is NOT intended to be relied
upon by you in making (or refraining from making) any decisions
regarding your health or wellbeing and we strongly recommended that you
consult your General Practitioner or a professional medical advisor if
you are unsure how this information or our Products will affect your
health or you feel any ill affects from using our Products.
3.2
We do our best to ensure all information on our site is accurate. If
you discover any inaccurate information on our site let us know and we
will correct it, where we agree, as soon as practicable.
3.3
We provide the information on this site free of any access charge.
Accordingly, such information is made available on the basis of no
liability for the information given.
3.4 You should ensure
information you send to us is accurate and does not breach anyone
else?s rights such as copyright or is libelous, obscene, menacing,
threatening, offensive, abusive, fraudulent, criminal or infringes the
rights of other people or in is in any way illegal.
3.5 You should independently verify any information before relying upon it.
3.6
We make no representations that information on our site(s) or
accessible from them is accurate and up to date or complete and accept
no liability for any loss or damage caused by inaccurate information.
Our site provides access to a large amount of data and related
information and there may, despite our efforts, be errors in it.
3.7
Commentary and other materials posted on our site are NOT intended to
amount to advice on which reliance should be placed. We therefore
disclaim all liability and responsibility arising from any reliance
placed on such materials by any visitor to our site, or by anyone who
may be informed of any of its contents.
3.8 Although we hope
our site will be of interest to you, we accept no liability and offer
no warranties in relation to it and its content. Accordingly, to the
maximum extent permitted by law, we provide our site on the basis that
we exclude all representations, warranties, conditions and other terms
(including, without limitation, the conditions implied by law of
satisfactory quality, fitness for purpose and the use of reasonable
care and skill) which but for this legal notice might have effect in
relation to our site.
3.9 In no event shall we or any other
party (whether or not involved in creating, producing, maintaining or
delivering our site), be liable to you for any kind of loss or damage
that may result to you or a third party (including without limitation,
any direct, indirect, punitive or consequential loss or damages, or any
loss of income, profits, goodwill, data, contracts, use of money, or
loss or damages arising from or connected in any way to business
interruption, and whether in tort (including without limitation
negligence), contract or otherwise) in connection with our site in any
way or in connection with the use, inability to use or the results of
use of our site, any sites linked to our site or the material on such
sites, including but not limited to loss or damage due to viruses that
may infect your computer equipment, software, data or other property on
account of your access to, use of, or browsing our site or downloading
of any material from our site or websites linked to our site.
3.10
We accept liability for death or personal injury caused by our
negligence and for fraudulent misrepresentation which cannot, under
English law, be excluded.
3.11 We are a distributor as well as
a publisher of content supplied by third parties and users of our site.
Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties,
including information providers, or other users of the site, are those
of the authors, distributors or users and not of us. We do not
necessarily endorse nor are we responsible for the accuracy or
reliability of any opinion, advice or statement made on our site.
3.12
We and our information providers have expended significant time,
effort, skill and expertise in compiling and verifying the information
on the site. While we endeavour to ensure that the information on the
site is correct, we do not know the context, circumstances or purposes
to which you may wish to apply and/or use this information.
3.13 If you make an arrangement with anyone named or connected with our site you do so at their own risk.
4 Links to other sites
4.1 You are not permitted to create links to our site from any other website without first obtaining our written permission.
4.2
We may provide hypertext links to other sites that are operated by
other people. These links are provided solely for your convenience.
Using such a link means you are leaving our site and we take no
responsibility for, and give no warranties, guarantees or
representations in respect of other linked sites. This is because we do
not control and are not responsible for these sites or their content or
availability. If you decide to access any of the third party websites
linked to our site, you do so entirely at your own risk.
4.3 Complaints relating to information appearing on other websites should be addressed to the operator of that website.
5 Copyright
5.1
Our site contains copyright material, trade names and other proprietary
information, including, but not limited to, text, software, photos,
graphics and may in future include video, graphics, music and sound.
The entire contents of our site is protected by copyright law. We, or
our licensors, own copyright and/or database right in the selection,
co-ordination, arrangement and enhancement of such content, as well as
in the content original to it. We ask that you do not modify, publish,
transmit, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the content, in whole or in part except
as provided in these terms. See the Copyright notice on our site.
5.2
Information may only be downloaded from our site for your own personal
use. Except as otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material or works derived or developed from
such material will be permitted without our express permission and that
of the copyright owner. In the event of any permitted copying,
redistribution or publication of copyright material, no changes in or
deletion of author attribution, trademark legend or copyright notice
shall be made. You acknowledge you do not acquire any ownership rights
by downloading copyright material.
5.3 All logos, devices and marks used on this site, without limitation, relating to :
Bach,
Bach Flower Remedies, Bach Original Flower Remedies; the Bach
signature; Nelsons, the Nelsons ellipse, Rescue Remedy, Rescue, Nelsons
Homeopathic Pharmacy logo and brand design; Dr Bach photograph; product
liveries and trade dress.
are our logos and or our registered or
unregistered trademarks and trade names, any other logos or devices
used on our site are trademarks and or trade names of our associates
and partners. You may not use these devices, names or logos without the
consent of the owner.
6 Service access
6.1 While we
endeavour to ensure that our site is normally available 24 hours a day,
we shall not be liable if for any reason our site is unavailable at any
time or for any period.
6.2 Access to our site may be
suspended temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond our control.
7 Registration
7.1
If you wish to register on a site you must be aged 18 or over. We ask
you to ensure that all the information provided to us is true and
accurate, current and complete. If there are any changes to the details
supplied to us it is your responsibility to inform us straight away.
Changes to your registration details should be made online via the
contact us section of the site with which you are registered.
7.2
We reserve the right to refuse to accept any application to register on
our site for any reason. Registrants to our site must keep their
passwords confidential.
8 Bulletin Boards
8.1 We
encourage our registered users to contribute to our bulletin boards.
Terms of use for posting messages to the bulletin boards can be
accessed through the Acceptable Use Policy.
8.2 All postings
received will be assumed to be for publication and any further use, at
our discretion, on an exclusive, royalty free, perpetual basis.
8.3
We expect those contributing to our message boards to have information
or views about the matters discussed, but the site is subject to the
laws of libel and you could be sued if you are not careful in what you
say. If contributing to a bulletin board you should not make libelous
postings or any postings which are illegal or breach copyright,
database or other related rights. It is your responsibility to check
this out and we do not accept any liability in this respect.
8.4
If you see any information on a bulletin board which breaches your?s or
anyone else?s rights or may be illegal, defamatory or otherwise should
be removed, let us know immediately and, where we agree, we shall do
our best to remove it as soon as possible.
8.5 If you breach the provisions or the Acceptable Use Policy, you must indemnify (pay) us for any losses we suffer.
8.6
Although we listen to everyone?s suggestions for new message boards, we
cannot guarantee to include every topic everyone requests.
8.7 We reserve the right to remove postings to message boards or edit them at our discretion, but have no obligation to do so.
8.8
Registered users must ensure only they use those message boards and
they do not allow non-registrants to use them using a registered user?s
own password.
9 Viruses hacking and other offences
9.1
You must not misuse our site by knowingly introducing viruses, trojans,
worms, logic bombs or other material which is malicious or
technologically harmful. You must not attempt to gain unauthorised
access to our site, the server on which our site is stored or any
server, computer or database connected to our site. You must not attack
our site via a denial-of-service attack or a distributed denial-of
service attack.
9.2 By breaching this provision, you would
commit a criminal offence under the Computer Misuse Act 1990. We will
report any such breach to the relevant law enforcement authorities and
we will co-operate with those authorities by disclosing your identity
to them. In the event of such a breach, your right to use our site will
cease immediately.
9.3 We will not be liable for any loss or
damage caused by a distributed denial-of-service attack, viruses or
other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to
your use of our site or to your downloading of any material posted on
it, or on any website linked to it.
10 Acceptable Use Policy
Prohibited uses
10.1 You may use our site only for lawful purposes. You may not use our site:
10.1.1 In any way that breaches any applicable local, national or international law or regulation.
10.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
10.1.3 For the purpose of harming or attempting to harm anyone in any way.
10.1.4
To send, knowingly receive, upload, download, use or re-use any
material which does not comply with our content standards.
10.1.5
To transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar
solicitation (spam).
10.1.6 To knowingly transmit any data, send
or upload any material that contains viruses, Trojan horses, worms,
time-bombs, keystroke loggers, spyware, adware or any other harmful
programs or similar computer code designed to adversely affect the
operation of any computer software or hardware.
10.2 You also agree:
10.2.1
Not to reproduce, duplicate, copy or re-sell any part of our site in
contravention of the provisions of our terms of website use.
10.2.2 Not to access without authority, interfere with, damage or disrupt:
10.2.2.1 any part of our site;
10.2.2.2 any equipment or network on which our site is stored;
10.2.2.3 any software used in the provision of our site; or
10.2.2.4 any equipment or network or software owned or used by any third party.
Interactive services
10.3 We may from time to time provide interactive services on our site, including, without limitation:
10.3.1 Chat rooms.
10.3.2 Bulletin boards.
10.4
Where we do provide any interactive service, we will provide clear
information to you about the kind of service offered, if it is
moderated and what form of moderation is used (including whether it is
human or technical).
10.5 We will do our best to assess any
possible risks for users (and in particular, for children) from third
parties when they use any interactive service provided on our site, and
we will decide in each case whether it is appropriate to use moderation
of the relevant service (including what kind of moderation to use) in
the light of those risks. However, we are under no obligation to
oversee, monitor or moderate any interactive service we provide on our
site, and we expressly exclude our liability for any loss or damage
arising from the use of any interactive service by a user in
contravention of our content standards, whether the service is
moderated or not.
10.6 The use of any of our interactive
services by a minor is subject to the consent of their parent or
guardian. We advise parents who permit their children to use an
interactive service that it is important that they communicate with
their children about their safety online, as moderation is not
foolproof. Minors who are using any interactive service should be made
aware of the potential risks to them.
10.7 Where we do
moderate an interactive service, we will normally provide you with a
means of contacting the moderator, should a concern or difficulty arise.
Content standards
10.8
These content standards apply to any and all material which you
contribute to our site (contributions), such as through bulletin boards
and to any interactive services associated with it.
10.9 You
must comply with the spirit of the following standards as well as the
letter. The standards apply to each part of any contribution as well as
to its whole.
10.10 Contributions must:
10.10.1 Be accurate (where they state facts).
10.10.2 Be genuinely held (where they state opinions).
10.10.3 Comply with applicable law in the UK and in any country from which they are posted.
10.11 Contributions must not:
10.11.1 Contain any material which is defamatory of any person.
10.11.2 Contain any material which is obscene, offensive, hateful or inflammatory.
10.11.3 Promote sexually explicit material.
10.11.4 Promote violence.
10.11.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
10.11.6 Infringe any copyright, database right or trade mark of any other person.
10.11.7 Be likely to deceive any person.
10.11.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
10.11.9 Promote any illegal activity.
10.11.10 Be threatening, abuse or invade another?s privacy, or cause annoyance, inconvenience or needless anxiety.
10.11.11 Be likely to harass, upset, embarrass, alarm or annoy any other person.
10.11.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
10.11.13 Give the impression that they emanate from us, if this is not the case.
10.11.14
Advocate, promote or assist any unlawful act such as (by way of example
only) copyright infringement or computer misuse.
Suspension and termination
10.12
We will determine, in our discretion, whether there has been a breach
of this acceptable use policy through your use of our site. When a
breach of this policy has occurred, we may take such action as we deem
appropriate.
10.13 Failure to comply with this acceptable use
policy constitutes a material breach of the terms of use upon which you
are permitted to use our site, and may result in our taking all or any
of the following actions:
10.13.1 Immediate, temporary or permanent withdrawal of your right to use our site.
10.13.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
10.13.3 Issue of a warning to you.
10.13.4
Legal proceedings against you for reimbursement of all costs on an
indemnity basis (including, but not limited to, reasonable
administrative and legal costs) resulting from the breach.
10.13.5 Further legal action against you.
10.13.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10.14
We exclude liability for actions taken in response to breaches of this
acceptable use policy. The responses described in this policy are not
limited, and we may take any other action we reasonably deem
appropriate.
Serviced Countries
10.15 Countries from which we permit resident users to make purchases using this site
Country Restrictions on transactions available (in addition to those stated in our terms and conditions)
United Kingdom None
European Economic Area None
For countries outside of the European Economic Area Please contact:
Address: Nelsons House,
83 Parkside,
Wimbledon,
London,
SW19 5LP
Telephone: 020 8780 4200
Fax: 020 8780 5871
Email: enquiries@nelsons.net
Changes to the acceptable use policy
10.16
We may revise this acceptable use policy at any time by amending this
page. You are expected to check this page from time to time to take
notice of any changes we make, as they are legally binding on you. Some
of the provisions contained in this acceptable use policy may also be
superseded by provisions or notices published elsewhere on our site.
11 Barring from the Site
11.1
We reserve the right to bar anyone from our sites, on a permanent or
temporary basis at our discretion. Any such person shall be notified
and must not then attempt to use our site under any other name or
through any other user.
12 Legal Jurisdiction and Dispute Resolution
12.1
English law shall apply to these terms, notwithstanding the
jurisdiction where you are based. You irrevocably agree that the courts
of England shall have exclusive jurisdiction to settle any dispute
which may arise out of, under, or in connection with these terms and
for those purposes irrevocably submit all disputes to the jurisdiction
of the English courts. The place of performance shall be England.
12.2
We make no warranty or guarantee that our site or information available
over it complies with laws other than those of England.
13 Data Protection
13.1 We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
14 Transactions concluded through our site
14.1
Contracts for the supply of our Products formed through our site or as
a result of visits made by you are governed by our terms and conditions
of supply.
15 General
15.1 Users may print and keep a
copy of these terms for reference. They are a legal agreement between
us and can only be modified with our consent.
15.2 We may revise
this legal notice at any time by updating these terms. You should check
our site from time to time to review the then current legal notice,
because it is binding on you. Certain provisions of this legal notice
may be superseded by expressly designated legal notices or terms
located on particular pages on our site.
15.3 Any formal legal notices should be sent to us at the address below by email or by post.
15.4
Failure by us to enforce a right does not result in waiver of such
right. You may not assign or transfer their rights under these terms.
15.5
Nothing in these terms is intended to, nor shall it, confer any benefit
on a third party whether under the contracts (Rights of Third Parties)
Act 1999 or otherwise.
15.6 We may amend these terms at any time by posting a variation on our site.
16 Further Information
16.1 Further information on these terms or any queries on them can be obtained from:
Address: Nelsons House,
83 Parkside,
Wimbledon,
London,
SW19 5LP
Telephone: 020 8780 4200
Fax: 020 8780 5871
Email: enquiries@nelsons.net
March 2006.