General Terms & Conditions
NCide "NCide" or "NCide.US", a division of Neo Design Concepts LLC, General Terms & Conditions or "Terms"
Updated: 12/22/20, 6/11/2021, 10/4/2021, 10/9/2021
This website is operated by Neo Design Concepts LLC, the parent company for its NCide - indoor antimicrobial solutions division. On this site, the terminology “we”, “us”, “our” and "Company" refer to NCide and Neo Design Concepts LLC. Company offers this website, including all information, tools and services available to you, the user, subject to your acceptance of all terms, conditions, policies and notices presented here. The terminology "Clients" refers to the customer(s) selecting to purchase product(s), referred to as "Products", or service(s) referred to as "Services" represented by the Company. The Company is a distributor of Products or Services from OEM(s), supplier(s) or "Manufacturers".
By visiting or purchasing Products or Services from this site, you agree to be bound by our Products and Services terms and conditions “General Terms & Conditions” or "Terms", including the additional terms, conditions and policies referred to herein and/or that can be accessed by hyperlink. These Terms apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Carefully read these Terms before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use the Products or Services provided therein.
All new features and tools subsequently added to this store will also be subject to these Terms. You may consult the most recent version of the Terms on this page at any time. We reserve the right to update, change or replace any part of these Terms by publishing updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of the website or your access to it after any changes have been published constitutes your acceptance of the changes.
Our store is hosted on Wix. They provide us with the e-commerce platform that enables us to sell you our Products or Services.
By accepting these Terms, you represent and warrant that you are 18 years of age or older residing withing the United States of America, and that you have given us your consent to allow any person under the age of 18 in your care to use this website. If you are under 18, and do not have an adult's consent to visit this site, please leave the site.
The use of our Products or Services for any illegal or unauthorized purpose is prohibited, and you must not, in accordance with the use of the Terms, violate the laws of your jurisdiction (including but not limited to copyright).
You must not transmit viruses or any other code of a destructive nature.
Any breach or violation of these Terms will result in the immediate termination of your use of the NCide.US, www.NCide.US, NeoDesignConcepts.com, www.NeoDesignConcepts.com, or any versions of site redirections.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to deny access to Products or Services to anyone at any time for any reason whatsoever.
You understand that your content (excluding your credit card information) may be transmitted in an unencrypted manner, and this presupposes (a) transmissions over various networks; and (b) changes to comply with and adapt to the technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Products or Services without prior express written consent from our Company, or gain any access to the Products or Services from the website with malicious intent.
ARTICLE 3 – ACCURACY, COMPLETENESS & TOPICALITY OF THE INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting the Company directly for more accurate, complete and up-to-date information. If you decide to rely on just this site’s content, you do so at your own risk. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – SERVICE & PRICE CHANGES
Products or Services prices are subject to change without notice. We reserve the right at any time to modify or discontinue Products or Services, as well as any part or any content of the Products or Services without notice and at any time. We will not be liable to you or any other third party for any price changes, suspension or discontinuance of Products or Services.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain Products or Services may be exclusively available online on our website. These Products or Services may be available in limited quantities. Once you submit a contact form inquiry about our Products or Services, we will send product or services details in digital formats to closely represent the actual product or services as much as possible, but we can not guarantee that your computer screen will accurately display the colors.
We reserve the right, but are not obligated, to limit sales of our Products or Services to any person, geographic area or jurisdiction. We can exercise this right on a case-by-case basis. All Products or Services descriptions or prices are subject to change at any time without notice at our sole discretion. We reserve the right to stop offering any Products or Services at any time. Any Products or Services presented on this site is void where the law prohibits it.
We do not guarantee that the quality of any Products, Services, information, or other merchandise you have obtained or purchased will meet your expectations, nor that any error in Products and Services will be corrected. As we only represent Products or Serivces for Manufacturers, we can only give our best effort to work with you and Manufacturers to rectify the situation.
ARTICLE 6 – INVOICING & ACCOUNT INFORMATION ACCURACY
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities ordered, per Products or Services availability from Manufacturers or Company. In the event that we modify an order or cancel it, we will notify you by email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, at our sole judgment, appear to be from merchants, resellers or distributors.
You agree to provide up-to-date, complete and accurate order and account information for all orders placed with Company. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not track, control or influence. Examples of such third-party tools are Wix, Square, Zelle, Social Media platforms, etc. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representation or conditions of any kind and without any approval. We will have no legal liability resulting from or related to the use of these optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and at your own discretion, and you must consult the conditions under which these tools are offered by the relevant third-party suppliers.
We may also, in the future, offer new services and/or new features on our site (including new tools and resources). These new features and services will also be subject to these Terms.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, Product(s) or Service(s) available through our site may include elements from third parties. Links from third-parties on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, product, service or other item accessible on or from these third-party websites.
We are not responsible for any loss or damage related to the purchase or use of any goods, services, resources, content, or any other transaction made in connection with these third-party websites. Carefully read the policies and practices of third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties must be submitted to these same third parties.
ARTICLE 9 – USER COMMENTS, SUGGESTIONS & OTHER PROPOSALS
If, at our request, you submit specific content (for example, to participate in contests), or if you send creative ideas, suggestions, proposals, plans or other elements without request from us, whether online, by e-mail, by mail, or otherwise (collectively, “comments”), you grant us the right, at any time and without limitation, to edit, copy, publish, distribute , translate and otherwise use any comment you send us in any form of media. We are not and shall not be required (1) to maintain the confidentiality of comments; (2) pay compensation to anyone for any comment provided; (3) respond to comments.
We may, but have no obligation to, monitor, modify or delete content that we, at our sole discretion, believe to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or property rights. You further agree that your comments will not contain any unlawful, defamatory, offensive or obscene content, nor that they contain any computer viruses or other malicious software that could in any way affect the operation of the Products or Services or any other associated website. You may not use a false e-mail address, pretend to be someone you are not, or try to mislead us and/or third-parties about the source of your comments. You are fully responsible for all comments you post as well as their accuracy. We assume no responsibility or liability for any comments published by you or any other third party.
ARTICLE 10 – ERRORS, INACCURACIES & OMISSIONS
There may be some information on our site or in the Products or Services that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping fees, delivery times and availability. We reserve the right to correct any error, inaccuracy, omission, and to change or update information or cancel orders, if any information in the Products or Services or on any other associated website is inaccurate at any time without notice (including after you have placed your order).
We are under no obligation to update, modify or clarify information on this website or on any other associated website, including but not limited to pricing information, except as required by law. No set date of update in the Products or Services of this website or any other associated website should be taken into account to conclude that the Products or Services information on this website or any other associated website has been modified or updated.
ARTICLE 11 – PROHIBITED USES
In addition to the prohibitions outlined in the Terms, you are prohibited from using the site or its contents: (a) for illegal purposes; (b) to induce third-parties to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate or discriminate against anyone on the grounds of sex, sexual orientation, religion, ethnicity, race, sexual orientation, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will be or may be used in a way that compromises the functionality or operation of the Service or any other associated, independent or online website; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to undermine or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Products or Services or any related website for violating prohibited uses.
ARTICLE 12 – DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITIES
We do not guarantee or warrant that your use of our Products or Services will be uninterrupted, fast, secure or error-free.
We do not warrant that the results that may be obtained through the use of the Products or Services will be accurate or reliable.
You agree that from time to time we may remove the Products or Services for indefinite periods of time or cancel the Products or Services at any time without notice to you.
You expressly agree that your use of the Products or Services, or your inability to use the Products or Services, is at your sole risk. The Products or Services provided to you (unless expressly stated otherwise by us as shown below in ARTICLE 20) are provided “as is” and “as available” for your use, without representation, without warranties and without conditions of any kind, expressed or implied, including all implied warranties of sale or merchantability, fitness for a particular purpose, durability, title and non-infringement.
Our Company, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors shall under no circumstances be liable for any injury, loss, claim, or direct, indirect, consequential, incidental, special, punitive, exemplary or general damages of any nature, including but not limited to loss of profits, income, savings, data, replacement costs or any similar damages, whether contractual, in tort (even in negligence), strict liability or otherwise, resulting from your use of any service or product from this Services or Products, or any other claim related in any way to your use of the Services or Products, including but not limited to any error or omission in any content, or any loss or damage of any kind from use of the Services or Products or any content published, transmitted, or otherwise made available through the Services or Products, even if you have been warned of the possibility that they will occur. Because some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 13 – COMPENSATION
You agree to indemnify, defend and protect our Company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees against any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising from your violation of these Terms or the documents to which they refer, or your violation of any law or the rights of a third party.
ARTICLE 14 – SEVERABILITY
In the event that a provision of these Terms is deemed illegal, void or unenforceable, this provision may nevertheless be applied to the fullest extent permitted by law, and the non-applicable portion shall be considered as being dissociated from these Terms, this dissociation shall not affect the validity and applicability of all the remaining provisions.
ARTICLE 15 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date will remain in effect after the termination of this agreement for all purposes. These Terms are effective unless and until they are terminated by you. You may terminate these Terms at any time by notifying us that you no longer wish to use our Products or Services, or when you stop using our site.
If we determine, at our sole discretion, that you are unsuccessful, or if we suspect that you have been unable, to comply with these Terms, we may also terminate this agreement at any time without notice to you in advance and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Products or Services (or any part of them).
ARTICLE 16 – INTEGRALITY OF THE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms should not constitute a waiver of such right or provision. These Terms or any other policy or operating rule that we publish on this site or in connection with the Products or Services constitute the entire accord and agreement between you and us and govern your use of the Products or Services, and replace all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms). Any ambiguity as to the interpretation of these Terms should not be interpreted to the detriment of the writing party.
ARTICLE 17 – APPLICABLE LAW
These Terms, as well as any other separate agreement through which we provide Products or Services to you will be governed by and construed in accordance with the existing laws in the state of California, country of United States of America.
ARTICLE 18 –AMENDMENTS TO THE GENERAL TERMS & CONDITIONS
You can consult the most recent version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes on our site. It is your responsibility to visit our site regularly to see if any changes have been made. Your continued use of or access to our site following the publication of any changes to these Terms constitutes acceptance of these changes.
ARTICLE 19 – COMPANY WARRANTY, SHIPPING & HANDLING
All Products or Services warranties follow Manufacturers warranties found in each Products user's manuals. All shipping and handling are shipped FOB Origin.
Company is solely responsible for sales and marketing of Products or Services, overseeing Clients order(s)/submitting and following up on approved parts or Products return authorizations/submitting claimes for damaged Products during shipping/ Product warranty registrations and claims with Manufacturers. Company shall not be in default by reason of any failure in its performance under this Agreement if such failure results from, whether directly or indirectly, fire, explosion, strike, freight embargo, Act of God or of the public enemy, war, civil disturbance, act of any government, de jure or de facto, or agency or official thereof, material or labor shortage, transportation contingencies, unusually severe weather, default of any other manufacturer or a supplier or subcontractor, quarantine, restriction, epidemic, or catastrophe, lack of timely instructions or essential information from Clients, or otherwise arisen out of causes beyond the control of the Company. Nor shall the Company at any time be liable for any incidental, special or consequential damages.
ARTICLE 20 – DISCLOSURES
1. ActivePure Technology Air & Surface Purifiers Disclosure
Sellers, resellers, or distributors cannot purchase ActivePure Technology Products to resell in anyway. Only Company sales representatives or promoters with written agreements with Company can promote and resell ActivePure Technology Products bought from Company. ActivePure Technology Products bought from Company can only be used by end Clients. ActivePure Technology Air & Surface Purifiers carries a limited warranty with terms and conditions for warranty found in the user’s manual for each Products. Products with warranty beyond 1 year need to be registered to activate the warranty. Clients must provide product names, serial numbers and dates of purchase to Company to register Products. A proof of purchase will be required to proceed with the warranty. Due to the high demand for air purifier parts and products, shortage of parts and delivery challenges beyond our control may occur changing delivery times from what has been quoted times. We do not issue credits. Please see refer to ARTICLE 20, Section 3 for information on return & cancellations.
2. PPE, Surface Disinfectants, Hand Sanitizers & Infection Control Products Disclosure
Due to COVID-19 and other related viruses/diseases, the unprecedented demand for PPE, Surface Disinfectants, Hand Sanitizer and other infection control Products have caused a global shortage of raw materials and assembly parts. Manufacturers may substitute comparable materials offering the same specifications. Prices may change daily based on the supply and demand of the Products. Due to these unprecedented times, and beyond our control, delivery times may vary from the quoted times.
3. Return & Cancellations
Orders for all types of Products or Services can only be cancelled before 5PM PST following the day the order has been submitted. Cancellations will not be accepted afterwards. A written notice needs to be submitted to email@example.com informing Company of the cancellation. The order will be fully reimbursed by Company within 7 to 14 days.
For health and safety reasons, Products are not returnable, unless it has been damaged during shipping. Products damaged during shipping must be reported within 48 hours to Company, in order for Company to file Products replacement claim(s) with Manufacturers. Submit damaged Products returns request to firstname.lastname@example.org with an an explanation and images of damaged Products. If possible, provide an image of “Damaged Products During Shipment” designation on the waybill received from the carrier when accepting damaged Products.