Terms of service
This agreement applies as between you, the User of this Web Site and Acute Care Direct LTD, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Acute Care Direct LTD”
means Acute Care Direct LTD Unit 21520, Courier Point, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FH, UK.
Registered address:C/O The Accountancy Partnership Twelve Quays House, Egerton Wharf, Wirral, England, CH41 1LD
“Service”
means collectively any online facilities, tools, services or information that Acute Care Direct LTD makes available through the Web Site either now or in the future;
“System”
means any online communications infrastructure that Acute Care Direct LTD makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Web Site and is not employed by Acute Care Direct LTD and acting in the course of their employment; and
“Web Site”
means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.
Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Acute Care Direct LTD , our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Acute Care Direct LTD
Material from the Web Site may be re-used without written permission where any of the
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Acute Care Direct LTD or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Acute Care Direct LTD. To find out more please contact us by email or by post.
Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.
Disclaimers
Acute Care Direct LTD. makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality.
Acute Care Direct LTD . accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, Acute Care Direct LTD .accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Acute Care Direct LTD liability for death or personal injury resulting from any negligence or fraud on the part of Acute Care Direct LTD.
Every effort has been made to ensure that these terms and conditions adhere strictly to the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices/communications shall be given to us either by post to our Premises (see address above) or by email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Promotion Terms & Conditions
These Promotions Terms and Conditions are supplemented by our Terms and Conditions of Website Use and our Privacy Policy and our Terms for Business Customers (if you are a Business Customer) and our Terms for Personal Customers (if you are a Personal Customer) and they are binding upon you.
Promotional items that you purchase (either free of charge or at a proportional rate) do not qualify nor count towards your basket value in order to redeem further free promotional items. We reserve the right to cancel any order(s) which we deem to have attempted to purchase promotional items in order to increase basket size to qualify for further promotions. From time to time certain products may be excluded from current promotions and any such exclusion will be notified to you through a notice on the Website.
Excluded products will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.
All promotions are subject to availability and while stocks last. We reserve the right to end a promotion at any time.
We shall not be liable for any financial loss arising out of the refusal, cancellation or withdrawal of any promotion or any failure or inability of a customer to take advantage of a promotion for any reason.
Free Gifts
From time to time we may offer free gift promotions on the Website. In order to claim a free gift you must quote the relevant gift code when placing your online or telephone order. When shopping online, please enter the gift code in the ‘Promotional Offers’ box in your shopping basket and follow the on-screen instructions.
Delivery or postal charges may be payable by you in respect of free gifts and this will be made clear to you on the Website where the free gift is advertised.
Where a free gift is offered subject to a minimum spend requirement of £300, VAT and supplementary charges (such as delivery, gift wrap or postage & packing) may still be payable and shall not count towards a minimum spending requirement.
If you qualify for a free gift by satisfying a minimum spend threshold and you decide to return some of the goods purchased (and not the free gift) and therefore reducing your order value below the minimum spend threshold, we reserve the right to charge full retail price for the free gift. This amount will be deducted from any refund due back to you for the returned items.
Similarly, where a free gift is offered subject to the purchase of a specified item, if you decide to return the specified item, you will need to return (at your cost) the free gift to receive a credit or refund otherwise we reserve the right to charge full retail price for the free gift and deduct this amount from any refund due back to you.
Gifts that are promoted within our catalogues are only available to the recipient of that catalogue and validation may be required before your order can be process.
Gifts are limited to one per customer per week unless otherwise stated. Only one gift can be claimed with each order and our gift coupons cannot be used in conjunction with any other special offers. We reserve the right to substitute with a product of equal or greater value in the event that stock of a selected gift item becomes unavailable.
Where possible free gifts earned will be dispatched with your order. If that is not possible we aim to deliver your free gift within 28 working days of you placing your order.
Vouchers
From time to time we may send you by email or post web-coupons. These are codes which you may input on our website to qualify for certain promotions. Web coupons are subject to these Terms and Conditions and any terms and conditions notified to you at the time of issuance of the web-coupon.
A web-coupon is redeemed by entering its code at the appropriate point in the purchase process on the Website.
We reserve the right to withdraw or cancel a web-coupon for any reason at any time.
Web-coupons cannot be exchanged for cash [or be used to purchase gift vouchers.
Unless expressly stated at the time of issue, each web-coupon will be valid for use by the recipient of the web-coupon and by such recipient only once and may not be used in conjunction with any other promotion.
In accordance with guidelines from HM Revenue and Customs, a web-coupon is treated as cash, therefore VAT is due on the full value of an order and you will be required to pay VAT on the full value of the order, unless otherwise stated in any terms accompanying the web coupon.
Web-coupons may only be used at the Website.
From time to time certain products may be excluded from web-coupon offers and any such exclusion will be notified to you along with the web-coupon or through the Website.
Web-coupons may be limited to redemption in respect of certain products or certain products may be excluded from the ambit of use of the web-coupon, in which case notice will be given to you at the time of issue of the web-coupon.
Excluded goods and services will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.
No web-coupon may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, without our prior written permission.
Web-coupons distributed or circulated without the written approval of Acute Care Direct Limited for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
When you use an web-coupon you warrant to us that you are the duly authorised recipient of the web-coupon and that you are using it in good faith.
If you redeem, attempt to redeem or encourage the redemption of web-coupons to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
If we reasonably believe that any web-coupon is being used unlawfully or illegally we may reject or cancel any web-coupon and you agree that you will have no claim against us in respect of any rejection or cancellation. We reserve the right to take any further action it deems appropriate in such instances.
If we refuse a web-coupon submitted as part of an order, for any reason, we will inform you before the order is dispatched to advise of the correct cost of the order and give you the opportunity to cancel the order.
Please note that there is a maximum two month period from the the date of your order whereby you are able to claim web-coupons which have not been received.
Discounts
We mark products that qualify for discounts with a green tick next to the price in your shopping basket. Products which do not display the green tick are not eligible for further discounts.
Where an online offer states that a discount is given on a purchase up to a stated percentage, the discount given will only be applicable to qualifying products and the percentage of discount given will vary between qualifying products.
Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the promotion description.
Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
Competitions
From time to time we run free to enter prize competitions on the Website.
Competitions are open to residents of the United Kingdom who access the Website from the United Kingdom. All participants must be aged 18 or over (“Participants”). In consideration of us making the Competitions available to you, you agree to be bound by these Promotions Terms and Conditions.
All competitions will state the opening date and time and the closing date and time and the competition will only be open for that term.
All competitions on our Website are free to enter and, unless stated, there is no limit as to how many times a Participant may enter a single competition.
All Participants will be asked to submit their name, telephone number, address and e-mail address. This information will be used to notify the winner and deliver any prize. Your personal information will be processed in accordance with our Privacy Policy.
The winner will first need to qualify for the competition by passing the skill, judgement or knowledge test in accordance with the rules of the specific competition, the winner will then be chosen at random from those Participants who have successfully passed the skill, judgement or knowledge test (the “Winner”). Our decision is final and no correspondence will be entered into.
A Winner will receive the prize detailed on the competition entry page (the “Prize”). The Prize is non -transferable. There is no cash or other alternative. We reserve the right to substitute a Prize of like value in the event that the awarded Prize is unavailable for any reason whatsoever.
Winners of the competition will be notified by e-mail as soon as reasonably practicable after the competition has ended. Prizes will either be emailed to the Participant’s registered email address where the prize is a non-physical digital item (such as a web coupon) or sent to the Participant’s registered address.
Winners of the competitions may be displayed on the web site in the format title surname area
Competitions may be subject to additional rules. If so, these additional rules will be listed on the relevant competition entry page and form part of this agreement.
By registration on entry to the competition, Participants indicate that they have accepted these Terms and Conditions.
We accept no responsibility or liability for loss to any person or property relating to the award of any Prize save for death or personal injury caused by our negligence for which our liability is unlimited.
We reserve the right to cancel the award of the Prize at its sole discretion without prior notice if the Prize cannot be delivered to the postal address indicated by the Winner and is returned to us.
Should we cancel a win for the above reason or otherwise in our sole discretion no form of compensation will be offered to the Winner.
We will not be liable for any malfunction or event beyond our reasonable control which prevents entry to the competition or fulfilment of the prize. By participating in the competition Participants agree to this condition.
We will not be liable for any loss or damage to property whether material, financial or other which may occur when taking part in the competition.
Law and Jurisdiction
These terms and conditions and the relationship between you and Acute Care Direct LTD. shall be governed by and construed in accordance with the Law of England and Wales and Acute Care Direct LTD and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.