Terms & Legal
Our Website Terms and Conditions of Use
Last modified: 01 Dec 2018
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:
are operated by Nelsons, which is a trading name of A Nelson & Co Limited. 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.
2.4 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:
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 OF LIABILITIES
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 recommend 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. Nothing on our site should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any decision, action or inaction.
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 any information you send to us is accurate and does not breach anyone else's rights such as copyright and is not 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 To the extent permitted by law, 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 to the extent permitted by law 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 which but for this legal notice might have effect in relation to our site.
3.9 To the maximum extent permitted by law, 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. Any products and/or services described on our site are offered in jurisdictions where they may be legally offered. The information on the site is not an offer or solicitation by anyone in anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
3.10 We accept liability for death or personal injury caused by our negligence and for fraudulent misrepresentation which cannot, under Irish or other applicable 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 your 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.
5.1 Our site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may or may in the 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.
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 our site or any 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 prior 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, or for any other purpose in our sole and absolute discretion.
7.1 If you wish to register on a site you must be of the age of majority in the jurisdiction where you reside 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 AND YOUR GRANT OF RIGHTS
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. In cases where this grant of an exclusive right to your postings is not effective, you hereby grant us a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all of your postings, and any other materials you provide to us. Further, you waive all moral rights in and to your postings, and any other materials you provide, in favour of us.
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, defamatory, or breach copyright, database, privacy, publicity or other related or proprietary or any other rights of any other party. 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 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 Criminal Damage Act 1991, and other applicable laws. 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
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 or the content on 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.
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, 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.
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. We will interpret and apply these standards in our sole and absolute discretion.
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 Republic of Ireland 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, trade mark, or other intellectual property or proprietary right 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.
10.11.15 Contain any other material which is inappropriate, unsuitable or offensive, all as determined by us in our sole and absolute discretion.
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.
10.13.1 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 or advisable.
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.
10.15 Countries from which we permit resident users to make purchases using this site, and
Country Restrictions on transactions available (in addition to those stated in our terms and conditions)
United Kingdom and European Economic Area: None
For countries outside of the European Economic Area: Please contact:
Telephone: 020 8780 4200
11 CHANGES TO THESE TERMS AND CONDITIONS OF USE
11.1 Subject to applicable law, we reserve the right, in our sole and absolute discretion, to revise all or any portion of these Terms and Conditions of Use at any time by amending this page. If we do this, we will post the changes to these Terms and Conditions of Use at least thirty (30) days before the modification comes into effect, and will on this page the date these Terms and Conditions of Use were last modified.
In addition, if you have registered for the site, where required by law, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion. Where required by law, this notice will be provided at least thirty (30) days before the change comes into effect and will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel your use of the site rather than accept the change. To the fullest extent permitted by law, as your sole remedy, where required by law you may refuse the modification and rescind, or cancel your use of the site without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice, if the change results in increased obligations to you or a reduction of obligations on us. To the fullest extent permitted by applicable law, your continued access to and/or use of the site after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms and Conditions of Use, as modified.
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 these Terms and Conditions of Use may also be superseded by provisions or notices published elsewhere on our site.
12 BARRING FROM THE SITE
12.1 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.
13 LEGAL JURISDICTION AND DISPUTE RESOLUTION
13.1 For users who are not an individual resident in the province of Quebec, Irish law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of the Republic of Ireland 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 Irish courts. The place of performance shall be the Republic of Ireland.
13.2 We make no warranty or guarantee that our site or information available over it complies with laws other than those of the Republic of Ireland.
14 DATA PROTECTION
15 TRANSACTIONS CONCLUDED THROUGH OUR SITE
15.1 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.
16.1 You agree to indemnify and hold A Nelson & Co Limited. and its affiliates, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Nelson Entities") harmless from any and all claims, losses, liabilities, damages, suits, actions, costs, penalties and demands arising out of or relating, directly or indirectly, to: (i) our access to and/or use of our site or any component of our site, (ii) your violation of any of the terms and conditions of this agreement; and/or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. You agree that we may assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate, at your cost, with our defense of these claims. You agree not to settle any matter without our prior written consent.
17.1 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.
17.2 Any formal legal notices should be sent to us at the address below by email or by post.
17.3 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.
17.4 Nothing in these terms is intended to, nor shall it, confer any benefit on a third party.
18 FURTHER INFORMATION
18.1 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