House Dust Mite Information Site

Terms and Conditions for housedustmite.org/Nockles Associates

Section 1 - Products and Purchasing Terms and Conditions

1. Contract: 1.1. By purchasing the products and services through this site you enter into a binding contract with us on the following terms and conditions.
2. Definitions: 2.1. “Products” is the term for allergen avoidance products available for purchase through this site.
2.2. “Provider” means Nockles Associates trading as (t/a) housedustmite.org, (7 Riverside Avenue, East Molesey, Surrey, KT8 0AE, England) who provide the service by which you can obtain these products and services.
2.3. “Distributors” are the individual businesses that will supply under instruction from the Provider to a specific Customer.
2.4. “Customer” is the individual who accepts these terms and conditions.
3. Product Information: 3.1. The Provider will attempt to provide the customer with accurate information about the products that are available through this site, however the provider cannot accept any responsibility if such information is incorrect or false.
3.2. The products are intended to relieve the symptoms of allergen related diseases; however we strongly advise that you consult your GP regarding your purchase, before purchasing items from this site.
3.3. The provider cannot accept any responsibility for the mis-management or any other action that renders either the product or the customer in dispute over this contract.
4. Products and Pricing: 4.1. The product price represents our understanding of the full retail price listed on the products suggested by the manufacturer. However the provider must be notified if this price is incorrect before purchase has been made.
4.2. If, once a transaction has been completed, a product is unavailable, the provider is entitled to cancel the order without any warning or penalty.
4.3. The provider is entitled to change price and product information at any point.
4.4. While we endeavor to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 60 days.
4.5. With regards to Force Majeure, we shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts, terrorist or illegal acts and other industrial disputes).
4.6. All prices include VAT at 17.5% subject to changes in taxation.
5. Distribution and Refunds: 5.1. The distribution is handled on an individual basis by multiple distributors. Please contact housedustmite.org for the individual terms associated with these distributors.
5.2. The customer and the distributor are bound by the distributor’s terms and conditions.
5.3. Our refund policy means that if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 21 days of the date you received the item, unopened (with any seals and shrink-wrap intact) and we will issue a full refund for the price you paid for the item. Please note: we can only accept the return of opened items if they are faulty. When non-faulty goods are returned to us there will be an administration fee of Ł30 per unit. This is to cover carriage, financial and administration charges. For international sales (outside the UK), please contact housedustmite.org, as additional carriage charges will be added.
7. Disclaimer: 7.1. This site is provided by the provider on an "as is" and "as available" basis. The provider makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
7.2. To the full extent permissible by applicable law, the provider disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The provider does not warrant that this site, its servers, or e-mail sent from the provider are free of viruses or other harmful components. The Provider will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
7.3. This agreement shall be deemed to have been made in England and any dispute, controversy, or proceedings arising out of or relating to this agreement in any way including its formation and interpretation shall be governed and construed in accordance with the laws of England.
7.4. Any proceedings arising out of or in connection with this agreement shall be brought in any court of competent jurisdiction in England and Wales.
8. Variation: 8.1. Nockles Associates reserve the right at any time to revise these terms and conditions. Any changes will be posted online at www.housedustmite.org and by continuing to use the site following any such change the Licensee signifies agreement to be bound by the revised terms and conditions of use.
9. Privacy Policy: 9.1. We are committed to protecting the privacy of our customers and visitors to our site. We request personal information from our customers solely to process orders, fulfil requests and to contact you regarding a purchase or a specific enquiry you have made.
9.2. When you supply any personal information to us, we will ensure that this data is collected fairly. We do not pass your information to any other third party.
9.3. We may use your information to inform you of offers, news, updates or changes to our site. If you would rather not receive such information from us, simply email us at enquiries@housedustmite.org.
9.4. We will ensure that all personal information you provide is protected by the Data Protection Act 1998. Nockles Associates strives to meet current Internet practice.
9.5. Nockles Associates may use PayPal to process your payments. Details of the PayPal privacy policy can be found "here".

Section 2 - FlashLink Terms and Conditions

1. The Contract: 1.1. By showing the Licensor’s animation on your site you enter into a binding contract with him on the following terms and conditions.
2. Definitions: 2.1. “content” consists of the animated sequences, information provisions and related graphics that are the property to be licensed under this agreement (and described as the animation content.)
2.2. “licensor” means Nockles Associates t/a housedustmite.org which is the content provider through its website www.housedustmite.org
2.3. “licensee” the business accepting the terms and conditions.
2.4. “license agreement” covers this agreement together with all terms and conditions contained herein.
3. Business Service Only: 3.1. You represent to the Licensor that that you are a commercial enterprise and that running the animation through the medium of your web site is an integral part of your business.
4. Licenses: 4.1. Nockles Associates t/a housedustmite.org grants the Licensee a non exclusive right and license, with no right of sublicense, to run the content directly from the web site of www.housedustmite.org. so that it shall be identified at the Licensee’s website.
5. Consideration: 5.1. In consideration for the grant of this License, the Licensee shall allow the Licensor to exercise without the requirement of notice, the following rights:
5.2. to alter at any time the link and content, but not its subject matter within the warranty described at paragraph 9.2.
5.3. to require a reasonable charge for using the content.
6. Variation: 6.1. The Licensor reserves the right at any time to revise these terms and conditions. Any changes will be posted at www.housedustmite.org and by continuing to use the site following any such change the Licensee signifies agreement to be bound by the revised terms and conditions of use.
7. The Licensor’s Obligations: 7.1. The Licensor will make reasonable efforts to permit the Licensee access to the animation content through the link service at all times.
7.2. The Licensor will exercise all reasonable care to ensure the content runs without fault.
7.3. The Licensor shall address all reasonable requests, which he receives by email at requests@housedustmite.org relating to the Content, and the object and purpose of www.housedustmite.org whether in conjunction with this agreement or not.
8. The Licensee’s obligations: 8.1. The Licensee shall display the Content on his website only.
8.2. The purposes of the Licensee’s website is either for the commercial development of, or increased educational awareness of the medical subject matter of content or both.
8.3. The Licensee shall use all reasonable endeavours to ensure full availability to the animation.
8.4. The Licensee shall display such copyright notices as at paragraph 10.1 and as the Licensor shall reasonably direct immediately adjacent to the content
The Licensee shall not;
8.5. alter or modify the Content in anyway and will ensure that no third party does so.
8.6. do anything in relation to the Content, including using it with any other material or advertisement that might diminish the value of the Content, the Trade Marks, or the reputation of the Licensor and will not do anything that is libelous, obscene or defamatory, or that infringes the rights of any third party.
9. Warranties: The Licensor then warrants that:
9.1. the Content complies with all statutory and regulatory requirements in the United Kingdom and is not and shall never be in the future, obscene, blasphemous, or defamatory in accordance with paragraph 5.3 or an infringement of any intellectual property rights of any third party; and
9.2. he owns or is licensed to grant the Licensee owns this License to use the content and the Trade Mark as provided in this agreement.
9.3. no warranty shall be given by the Licensor express or implied statutory or otherwise as to the accuracy, quality, or completeness of the content and its fitness for any purpose and the Licensor excludes any liability relating to it.
The Licensee warrants that:
9.4. his entry into this agreement does not breach any other agreement to which he is a party; and
9.5. the Licensee’s site and the marketing promotion and advertising of it conforms to all applicable laws, government codes, regulatory controls, industrial codes and does not infringe the intellectual property rights of any third party.
10. Intellectual Property: 10.1. All rights in the design, text, graphics and other material on the Licensor’s site and the selection or arrangement thereof are the copyright of Nockles Associates t/a housedustmite.org and that these and all the intellectual property rights in the Content shall always remain vested in the company.
10.2. The licensee has no right, title or interest in or to such intellectual property rights other than expressly set out in this agreement.
10.3. Nockles Associates t/a housedustmite.org is the proprietor of the Yellow Dust Mite Trademark in the United Kingdom and other countries. No permission is given by the company in respect of the use of any such trademarks other than expressly permitted under this agreement.
11. Determination: 11.1. The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately and the rights and liabilities of the parties shall be determined in accordance with paragraphs 16 and 17.
11.2. Failure on the part of the Licensee to adhere to any of the conditions mentioned herein.
11.3. The levying of any distress or execution against the client or the making by him of any composition or arrangement with creditors.
11.4. The doing of any act which may prejudice the owner’s intellectual property rights.
12. Suitability: 12.1. The Licensor may in his sole discretion deny to provide the service to any user that he deems at his own discretion to be unsuitable.
13. Effect of Termination: 13.1. On termination of this agreement, all rights and licenses granted under it shall automatically terminate and the Licensee shall immediately cease all use of the animation content and the Trade Marks and remove any reference to them from the Licensee’s site.
13.2. Termination of this agreement shall not affect any rights of action or remedy that has accrued or will thereafter accrue to either party.
14. Liability: The Licensor shall not be liable for:
14.1. any breach of these terms of use or any failure to provide or delay in providing the content from his site resulting from any event or circumstance beyond his reasonable control including, without limitation, breakdown of systems, any liability for viruses, or network access, fire explosion, accident and industrial disputations.
14.2. any breakdown in the service which may reasonably occur from time to time.
14.3. any indirect or consequential loss the Licensee may suffer even if the loss is reasonably foreseeable.
14.4. any damage to the Licensee or third party whatsoever, including but without limitation death, personal injury and financial loss resulting from the content.
14.5. In addition Nockles Associates t/a housedustmite.org is providing this site on an ‘as is’ basis only and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties other than those expressed at paragraph 9. In addition Nockles Associates Limited makes no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on this site. The information may contain technical inaccuracies or typographical errors. All liability arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
15. Whole Agreement: 15.1. This agreement supersedes any prior agreement whether written or oral and represents the whole agreement made by the parties as at the commencement date.
16. Remedies: 16.1. The rights and remedies provided for by this agreement are cumulative with and not exclusive of any rights or remedies provided by law.
16.2. Without prejudice to any other rights or remedies of the parties, each party shall be entitled without proof of special damage to the remedies of injunction and specific performance and other equitable remedies for any threatened or actual breach of the provisions of this agreement by the other.
17. Governing Law and Jurisdiction: 17.1. This agreement shall be deemed to have been made in England and any dispute, controversy, or proceedings arising out of or relating to this agreement in any way including its formation and interpretation shall be governed and construed in accordance with the laws of England. Any proceedings arising out of or in connection with this agreement shall be brought in any court of competent jurisdiction in England and Wales.