1.1 These terms and conditions of use shall govern your use of our website.
1.2 Throughout the site, the terms “we”, “us” and “our” refer to DS Medical.
1.3 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.4 If you register with our website, we will ask you to expressly agree to these terms and conditions.
1.5 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.7 Our website is hosted by Bigcommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2.0 Copyright notice
2.1 Our website is subject to copyright - ©2022 DS Medical.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.0 Website use
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights to the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
3.8 You understand that your content (not including credit card information), may be transferred unencrypted and involve:
(a) transmissions over various networks;
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
4.0 Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website.
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
4.3 You must not use our website contact form or live chat system to solicit your business and/or services to us. Such contact should only be facilitated via our general email address, which is published on our website.
5.0 Products and services
5.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our returns policy.
5.2 We have made every effort to display, as accurately as possible, the colours and images of our products that appear on our website store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
5.3 We operate a minimum net spend threshold on our website. This threshold is currently set at £5. The threshold does not included the cost of shipping and VAT, charged at the prevailing UK rate. If your order does not meet this minimum net spend our system will not allow the order to be completed and an error message will appear to advise you of this.
5.4 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, including discounts, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5.5 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
6.0 Registrations and accounts
6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.2 You must not allow any other person to use your account to access the website.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person's account to access the website.
6.5 Registering for an account on our website does not in any way confer the provision of credit terms with us. Orders placed via a website account will still require payment at point of order.
7.0 User login details
7.1 If you register for an account with our website you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead; you must not use your account or user ID for, or in connection with, the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
8.0 Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time and at our sole discretion without notice or explanation.
8.2 You may cancel your account on our website by writing to us at the postal address or email address provided below in Section 23. You may be required to provide additional information about your account in order to confirm you have authority to make a cancellation request.
9.0 Accuracy of billing and account information
9.1 You agree to provide current, complete and accurate purchase and account information for all purchases made with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
9.2 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per company/organisation, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
10. Optional tools
10.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
10.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
10.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
10.4 We may also, in the future, offer new services and/or features through the website including, the release of new tools and resources. Such new features and/or services shall also be subject to these terms and conditions.
11.0 Limited warranties
11.1We do not warrant or represent:
(a) that the information published on our website is complete and accurate;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12.0 Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13.0 Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend, prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17.0 Third party rights
17.1A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18.0 Entire agreement
19.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
19.2 These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
19.3 If in our sole judgment you fail, or we suspect that you have failed to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our services (or any part thereof).
20.0 Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with English law.
20.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
20.3 These conditions do not affect your Statutory Rights.
21.0 Statutory and regulatory disclosures
21.1 We are registered with HM Revenue & Customs (HMRC) for the purpose of Value Added Tax (VAT). Our VAT registration number is GB 339 015 468.
21.2 We are registered with the Information Commissioner’s Office as a data controller. Our registration number is ZA079670.
22.0 Data processing
23.0 Our details
23.1 This website is owned and operated by Data (Southern) Enterprises Limited T/A DS Medical.
23.2 We are registered in England and Wales under registration number 1461925, and our registered office is at Eagle Building – E2, Daedalus Park, Daedalus Drive, Lee-on-the-Solent, Hampshire, PO13 9FX.
23.3 Our principal place of business is at Eagle Building – E2, Daedalus Park, Daedalus Drive, Lee-on-the-Solent, Hampshire, PO13 9FX.
23.4 You can contact us:
(a) by post, at the postal address given above;
(b) by using our website contact form;
(c) by telephone, on 01329 311451
(d) by email, using firstname.lastname@example.org.
24.1 This document was created in part, using a template from SEQ Legal (https://seqlegal.com).