Terms & Conditions for Card & Gift Network

Here you’ll find the terms & conditions for using the website and purchasing products or services. To make it easier to navigate, there are separate areas for each.

You might also be interested in…

The Card & Gift Network Privacy Policy

How the website uses Cookies.

Terms of Use

Terms of Use: Free News & Magazine Content

TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation

    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User”

means a user of Our Site;

“User Content”

means any content submitted to Our Site by Users including, but not limited to articles, reviews and comments.

“We/Us/Our”

means Piccadilly Lane, a company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

2. Information About Us

    1. Our Site, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com) is owned and operated by Piccadilly Lane Limited , a limited company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.  Our VAT number is VAT Reg 138 8359 74.

3. Access to Our Site

    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

    1. Certain parts of Our Site (including the ability to submit User Content) may require an Account in order to access them.
    2. You may not create an Account if you are under 16 years of age.  If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
    3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
    4. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please contact Us immediately at [email protected].  We will not be liable for any unauthorised use of your Account.
    5. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
    6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 15.
    7. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
    8. If you close and delete your Account, any User Content you have submitted to Our Site may also be deleted or will be anonymised by removing your username and avatar.

5. Intellectual Property Rights

    1. With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
    2. For personal use (including research and private study) only, you may:
        1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
        2. Download Our Site (or any part of it) for caching;
        3. Print no more than 1 copy of any given page from Our Site;
        4. Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
        5. Quote other Users’ User Content on Our Site;
        6. Save pages from Our Site for later and/or offline viewing.
    3. You may not use any Content downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  For further information, please contact Us at [email protected]. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
    4. You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
    5. Subject to sub-Clauses 5.2 and 5.8 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless given express written permission to do so by Us.  For further information, please contact Us at [email protected].
    6. If you wish to use any Content from Our Site in any way that is not permitted under these Terms and Conditions, please contact Us at [email protected].
    7. Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.
    8. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. User Content

    1. User Content on Our Site includes (but is not necessarily limited to) articles, reviews, comments on articles published on Our Site, created and submitted by Users.
    2. An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.
    3. You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 7.
    4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.
    5. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
    6. If you wish to remove User Content from Our Site, the User Content in question will be deleted or anonymised by removing your username and avatar.  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
    7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

7. Acceptable Usage Policy

    1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 7.  Specifically:
        1. you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
        2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
        3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
        4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
        6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive;
        8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
        9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
        12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    3. We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:
        1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
        2. remove any User Content submitted by you that violates this Acceptable Usage Policy;
        3. issue you with a written warning;
        4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
        5. take further legal action against you as appropriate;
        6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
        7. any other actions that We deem reasonably appropriate (and lawful).
    4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

8. Links to Our Site

    1. You may link to Our Site provided that:
        1. you do so in a fair and legal manner;
        2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
        3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
        4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    2. You may link to any page of Our Site.
    3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at [email protected] for further information.
    4. You may not link to Our Site from any other site the content of which contains material that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
        6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive another person;
        8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
        9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.4);
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
        12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    5. The content restrictions in sub-Clause 8.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 8.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

9. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

10. Advertising

We may feature advertising on Our Site.  We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material.  We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

11. Disclaimers and Legal Rights

    1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to shopping, business, eCommerce and digital marketing.
    2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    3. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    4. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
    5. The opinions, views, and values expressed in Content on Our Site are those of the authors of that Content and do not necessarily represent Our opinions, views, or values.
    6. We are not responsible for the Content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

12. Our Liability

    1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
    2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
    3. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however, subject to sub-Clause 11.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

13. Viruses, Malware and Security

    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 13.3 to 13.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

14. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from www.cardandgiftnetwork.com/cookies and www.cardandgiftnetwork.com/privacy.  These policies are incorporated into these Terms and Conditions by this reference.

15. Data Protection

    1. All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    2. We may use your personal information to:
        1. Reply to any communications you send to Us;
        2. Send you important notices, as detailed in Clause 15;
        3. Send resources or marketing materials you have requested.
    3. We will not pass on your personal information to any third parties without first obtaining your express permission to do so.

16. Communications from Us

    1. If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 28 business days for your new preferences to take effect.
    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected] or via www.cardandgiftnetwork.com/contact.

17. Changes to these Terms and Conditions

    1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

18. Contacting Us

To Contact Us, please email us at [email protected] or using any of the methods provided on Our contact page at www.cardandgiftnetwork.com/contact.

  1. Law and Jurisdiction
      1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
      2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
      3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
      4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
Terms of Use: Product & Business Reviews

TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation

    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Expert Review”

means a review posted on Our Site by one of Our employees or associates;

“User”

means a user of Our Site;

“User Review”

means a review posted on Our Site by a User; and

“We/Us/Our”

means Piccadilly Lane, a company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

2. Information About Us

    1. Our Site, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com) is owned and operated by Piccadilly Lane Limited , a limited company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.  Our VAT number is VAT Reg 138 8359 74 .

3. Access to Our Site

    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

    1. Certain parts and features of Our Site (including the ability to submit User Reviews) may require an Account in order to access them.
    2. You may not create an Account if you are under 16 years of age.  If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
    3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
    4. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please contact Us immediately at [email protected].  We will not be liable for any unauthorised use of your Account.
    5. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
    6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 15.
    7. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
    8. If you close and delete your Account, any User Content you have submitted to Our Site may also be deleted or will be anonymised by removing your username and avatar.

5. Intellectual Property Rights

    1. With the exception of User Reviews (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Reviews) is protected by applicable United Kingdom and international intellectual property laws and treaties.
    2. Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
    3. You may:
        1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
        2. Download Our Site (or any part of it) for caching;
        3. Print one copy of any page(s) from Our Site;
        4. Download extracts from pages on Our Site; and
        5. Save pages from Our Site for later and/or offline viewing.
    4. Our status as the owner and author of the Content on Our Site (or that of identified Users and/or licensors, as appropriate) must always be acknowledged.
    5. You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
    6. Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. User Reviews

    1. An Account is required if you wish to submit User Reviews.  Please refer to Clause 4 for more information.
    2. You agree that you will be solely responsible for your User Reviews.  Specifically, you agree, represent and warrant that you have the right to submit the User Reviews, that any facts stated are accurate and true, that opinions stated are genuinely held, and that all such User Reviews will comply with Our Acceptable Usage Policy, detailed below in Clause 7.
    3. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2.  You will be responsible for any loss or damage suffered by Us as a result of such breach.
    4. You (or your licensors, as appropriate) retain ownership of your User Reviews and all intellectual property rights subsisting therein.  When you submit a User Review you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence it for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Review within Our Site.
    5. If you wish to remove any of your User Reviews from Our Site, the User Reviews in question will be deleted or anonymised by removing your username and avatar.  Please note, however, that caching or references to your User Reviews may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
    6. We may pre-screen, reject, reclassify, edit, or remove any User Review(s) from Our Site including, but not limited to, circumstances where, in Our sole opinion, they violate Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Review(s) in question should be removed as a result.

7. Acceptable Usage Policy

    1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 7.  Specifically:
        1. you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
        2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
        3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
        4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. When submitting User Reviews (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
        6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person (this does not prohibit negative User Reviews, however);
        7. is calculated or is otherwise likely to deceive;
        8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
        9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
        10. implies any form of affiliation with Us where none exists;
        11. is intended to advertise or market any product or service (including, but not limited to that which is being reviewed), or is of an advertising or marketing nature;
        12. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
        13. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    3. The following types of products and/or services may not be reviewed on Our Site:
        1. Listing packages;
        2. Digital content.
    4. We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:
        1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
        2. remove any User Review(s) submitted by you that violate(s) this Acceptable Usage Policy;
        3. issue you with a written warning;
        4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
        5. take further legal action against you as appropriate;
        6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
        7. any other actions that We deem reasonably appropriate (and lawful).
    5. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

8. Links to Our Site

    1. You may link to Our Site provided that:
        1. You do so in a fair and legal manner;
        2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
        3. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
        4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    2. You may link to any page of Our Site.
    3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at [email protected] for further information.
    4. You may not link to Our Site from any other site the content of which contains material that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
        6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive another person;
        8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
        9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.4);
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
        12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    5. The content restrictions in sub-Clause 8.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 8.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

9. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

10. Advertising

We may feature advertising on Our Site.  We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material.  We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

11. Disclaimers and Legal Rights

    1. Nothing on Our Site, including but not limited to User Reviews and Expert Reviews, constitutes advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to shopping, business, eCommerce and digital marketing.
    2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    3. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    4. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
    5. The opinions, views, and values expressed in Content on Our Site, including but not limited to User Reviews and Expert Reviews, are those of the authors of that Content and do not represent Our opinions, views, or values.

12. Our Liability

    1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
    2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
    3. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however, subject to sub-Clause 11.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

13. Viruses, Malware and Security

    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 13.3 to 13.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

14. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from www.cardandgiftnetwork.com/cookies and www.cardandgiftnetwork.com/privacy.  These policies are incorporated into these Terms and Conditions by this reference.

15. Data Protection

    1. All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    2. We may use your personal information to:
        1. Reply to any communications you send to Us;
        2. Send you important notices, as detailed in Clause 15;
        3. Send resources or marketing materials you have requested.
    3. We will not pass on your personal information to any third parties without first obtaining your express permission to do so.

16. Communications from Us

    1. If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to it may take up to 28 business days for your new preferences to take effect.
    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected] or via www.cardandgiftnetwork.com/contact.

17. Changes to these Terms and Conditions

    1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

18. Contacting Us

To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page at www.cardandgiftnetwork.com/contact.

19. Law and Jurisdiction

    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
Terms of Use: Free Digital Content

TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation

    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“System”

means any online communications infrastructure that We make available through Our Site either now or in the future.  This may include, but is not limited to, contact forms, email, live chat and forums; and

“We/Us/Our”

means Piccadilly Lane, a company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

2. Information About Us

    1. Our Site, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com) is owned and operated by Piccadilly Lane Limited, a limited company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.  Our VAT number is VAT Reg 138 8359 74 .

3. Access to Our Site

    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Intellectual Property Rights

    1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    2. For personal use (including research and private study) only, you may:
        1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
        2. Download Our Site (or any part of it) for caching;
        3. Print one copy of any pages from Our Site;
        4. Download, copy, clip, print, or otherwise save extracts from pages on Our Site; and
        5. Save pages from Our Site for later and/or offline viewing.
    3. You may not use any Content downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
    4. You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
    5. Subject to sub-Clauses 4.2 and 4.7 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless given express written permission to do so by Us.  For further information, please contact Us at [email protected].
    6. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
    7. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5. Links to Our Site

    1. You may link to Our Site provided that:
        1. You do so in a fair and legal manner;
        2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
        3. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
        4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    2. You may link to any page of Our Site.
    3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at [email protected] for further information.
    4. You may not link to Our Site from any other site the content of which contains material that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
        6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive another person;
        8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
        9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
        12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    5. The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

6. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

7. Advertising

We may feature advertising on Our Site.  We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material.  We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

8. Use of Our System

    1. You may use Our System at any time to contact Us, provided you abide by the following rules.  You must not communicate in a way, submit information, or otherwise do anything that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
        6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive;
        8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
        9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
        12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    2. We may monitor any and all communications made using Our System.
    3. Any information that you send to Us through Our System may be modified by Us and, by sending us such information, you waive your moral right to be identified as the author of that information.
    4. Any personal information sent to Us, whether through Our System or otherwise, will be collected, used and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 14.

9. Disclaimers and Legal Rights

    1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to shopping, business, eCommerce and digital marketing.
    2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. 
    3. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    4. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

10. Our Liability

    1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
    2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
    3. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  Subject to sub-Clause 9.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Viruses, Malware and Security

    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

12. Acceptable Usage Policy

    1. You may only use Our Site in a manner that is lawful.  Specifically:
        1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
        2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
        3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
        4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:
        1. suspend, whether temporarily or permanently, your right to access Our Site;
        2. issue you with a written warning;
        3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
        4. take further legal action against you as appropriate;
        5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
        6. any other actions which We deem reasonably appropriate (and lawful).
    3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

13. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from  www.cardandgiftnetwork.com/cookies and www.cardandgiftnetwork.com/privacy.  These policies are incorporated into these Terms and Conditions by this reference.

14. Data Protection

    1. All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    2. We may use your personal information to:
        1. Reply to any communications you send to Us;
        2. Send you important notices, as detailed in Clause 15;
        3. Send resources or marketing materials you have requested.
    3. We will not pass on your personal information to any third parties without first obtaining your express permission to do so.

15. Communications from Us

    1. If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 28 business days for your new preferences to take effect.
    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected] or via www.cardandgiftnetwork.com/contact.

16. Changes to these Terms and Conditions

    1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

17. Contacting Us

To Contact Us, please email us at [email protected] or using any of the methods provided on Our contact page at www.cardandgiftnetwork.com/contact.

  1. Law and Jurisdiction
      1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
      2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
      3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
      4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
Terms of Use: Business Directory

TERMS OF USE

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately. These Terms of Use do not apply to Paid Listings.  Please refer to Our Terms of Sale for more information.

1. Definitions and Interpretation

    1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Free Listing”

means a free directory listing posted on Our Site by a User, providing details of that User’s business;

“Paid Listing”

means a premium directory listing posted on Our Site by a User, in exchange for a fee, providing details of that User’s business;

“Listed Business”

means any business featured in a Free or Paid Listing;

“Third Party Advertiser”

means a party responsible for Third Party Advertising displayed on Our Site;

“Third Party Advertising”

means advertising displayed on Our Site in addition to Free Listings and Paid Listings, as detailed in Clause 9;

“User”

means a user of Our Site; and

“We/Us/Our”

means Piccadilly Lane, a company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

2. Information About Us

    1. Our Site, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com) is owned and operated by Piccadilly Lane Limited , a limited company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.  Our VAT number is VAT Reg 138 8359 74.

3. Access to Our Site

    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

    1. Certain parts of Our Site (including the ability to post Free Listings and Paid Listings) may require an Account in order to access them.
    2. You may not create an Account if you are under 16 years of age.  If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
    3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
    4. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please contact Us immediately at [email protected].  We will not be liable for any unauthorised use of your Account.
    5. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
    6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 18.
    7. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
    8. If you close and delete your Account, any Free or Paid Listing(s) you have posted to Our Site will also be deleted and the licence granted to Us under sub-Clause 6.4 will be terminated.

5. Intellectual Property Rights

    1. With the exception of Free Listings and Paid Listings, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including that in Free Listings and Paid Listings) is protected by applicable United Kingdom and international intellectual property laws and treaties.
    2. Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
    3. You may:
        1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
        2. Download Our Site (or any part of it) for caching;
        3. Print one copy of any page(s) from Our Site;
        4. Download extracts from pages on Our Site; and
        5. Save pages from Our Site for later and/or offline viewing.
    4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
    5. You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
    6. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. Free Listings

    1. An Account is required if you wish to submit a Free Listing.  Please refer to Clause 4 for more information.
    2. You agree that you will be solely responsible for your Free Listing.  Specifically, you agree, represent and warrant that you have the right to submit the Free Listing and that all information in the Free Listing is accurate and truthful, that all such information will be kept accurate and up-to-date, and that your Free Listing will comply with Our Acceptable Usage Policy, detailed below in Clause 13.
    3. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2.  You will be responsible for any loss or damage suffered by Us as a result of such breach.
    4. You (or your licensors, as appropriate) retain ownership of the content of your Free Listing and all intellectual property rights subsisting therein.  By submitting a Free Listing, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Free Listing for the purposes of operating and promoting Our Site.
    5. If you wish to remove a Free Listing from Our Site, you may do so by deleting the listing from your account. We will use reasonable efforts to remove the Free Listing in question from Our Site.  Removing a Free Listing also revokes the licence granted to Us to use that Free Listing under sub-Clause 6.4. Please note, however, that caching or references to your Free Listing may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
    6. We may reject, reclassify, or remove any Free Listing from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Free Listing in question should be removed as a result.

7. Links to Our Site

    1. You may link to Our Site provided that:
        1. you do so in a fair and legal manner;
        2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
        3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
        4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    2. You may link to any page of Our Site.
    3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at [email protected] for further information.
    4. You may not link to Our Site from any other site the main content of which contains material that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
        6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive another person;
        8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
        9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
        12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    5. The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

8. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Advertising

    1. We may feature Third Party Advertising on Our Site and We reserve the right to display Third Party Advertising on the same page as any content from any User.
    2. You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.
    3. We are not responsible for the content of any Third Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising material.  We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

10. Disclaimers and Legal Rights

    1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to shopping, business, eCommerce and digital marketing.
    2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, if you are a consumer, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    3. We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
    4. We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Free Listings.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.  We have no control over, nor any involvement in, any Free Listings, and We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Business.

11. Our Liability

    1. The provisions of this Clause 11 apply only to the use of Our Site and Free Listings but not to Paid Listings, which are governed separately by Our Terms of Sale.  Limitations and exclusions stated to apply to Content in this Clause 11 may not apply to Paid Listings.
    2. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is a Free Listing) included on Our Site.
    3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Free Listings) included on Our Site.
    4. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    5. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  However, subject to sub-Clause 10.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    7. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

12. Viruses, Malware and Security

    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all Content uploaded by Users for viruses and malware as it is uploaded.  We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.5.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 12.3 to 12.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

13. Acceptable Usage Policy

    1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13.  Specifically:
        1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
        2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
        3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
        4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. When submitting a Free Listing (or communicating in any other way using Our Site, you must not submit, communicate or otherwise do anything that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
        6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the Listed Business or any other business or person);
        8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
        9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
        12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    3. Free Listings for the following types of business may not be posted:
        1. businesses outside the greetings card & giftware industries that do not directly supply card & gift businesses.
    4. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:
        1. suspend or remove your Free Listing;
        2. suspend or remove any Paid Listing(s) you may have (Please refer to Our Terms of Sale);
        3. issue you with a written warning;
        4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
        5. take further legal action against you as appropriate;
        6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
        7. any other actions which We deem reasonably appropriate (and lawful).
    5. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

14. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from www.cardandgiftnetwork.com/cookies and www.cardandgiftnetwork.com/privacy.  These policies are incorporated into these Terms and Conditions by this reference.

15. Changes to these Terms of Use

    1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

16. Contacting Us

To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page at www.cardandgiftnetwork.com/contact.

17. Communications from Us

    1. If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 28 business days for your new preferences to take effect.
    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected] or via www.cardandgiftnetwork.com/contact.

18. How We Use Your Personal Information (Data Protection)

    1. Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
    2. We may use your personal information to:
        1. Provide and administer your Account;
        2. Host your Free Listing(s) or Paid Listing(s);
        3. Reply to any communications you send to Us;
        4. Send you important notices, as detailed in Clause 17;
        5. Send resources or marketing materials you have requested.
    3. We will not pass on your personal information to any third parties without first obtaining your express permission to do so.

19. Law and Jurisdiction

    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
Terms of Use: Ecommerce Sale of Digital Content

TERMS OF USE

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of Paid Content.  Please refer to Our Terms of Sale for more information.

1. Definitions and Interpretation

    1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Paid Content”

means digital content made available for sale via Our Site;

“User”

means a user of Our Site;

“User Content”

means any content submitted to Our Site by Users including, but not limited to articles, reviews and comments.

“We/Us/Our”

means Piccadilly Lane, a company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

2. Information About Us

    1. Our Site, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com) is owned and operated by Piccadilly Lane Limited , a limited company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.  Our VAT number is VAT Reg 138 8359 74.

3. Access to Our Site

    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

    1. Certain parts of Our Site (including the ability to submit User Content) may require an Account in order to access them.
    2. You may not create an Account if you are under 16 years of age.  If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
    3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
    4. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please contact Us immediately at [email protected].  We will not be liable for any unauthorised use of your Account.
    5. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
    6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 15.
    7. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
    8. If you close and delete your Account, any User Content you have submitted to Our Site may also be deleted or will be anonymised by removing your username and avatar.

5. Intellectual Property Rights

    1. With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
    2. Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
    3. You may:
        1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
        2. Download Our Site (or any part of it) for caching;
        3. Print one copy of any page(s) from Our Site;
        4. Download extracts from pages on Our Site; and
        5. Save pages from Our Site for later and/or offline viewing.
    4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
    5. You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.
    6. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. User Content

    1. User Content on Our Site includes (but is not necessarily limited to) articles, reviews and comments.
    2. An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.
    3. You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.
    4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.
    5. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
    6. If you wish to remove User Content from Our Site, the User Content in question will be deleted or anonymised by removing your username and avatar.  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
    7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
    8. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

7. Links to Our Site

    1. You may link to Our Site provided that:
        1. you do so in a fair and legal manner;
        2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
        3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
        4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    2. You may link to any page of Our Site.
    3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at [email protected] for further information.
    4. You may not link to Our Site from any other site the main content of which contains material that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
        6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive another person;
        8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
        9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
        12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    5. The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

8. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Liability and Disclaimers

    1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to shopping, business, eCommerce and digital marketing.
    2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning Paid Content for sale through Our Site.  Please refer to Our Terms of Sale for more information.
    4. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
    5. If you are a business user, We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    6. If you are a consumer user, please note that Our Site is intended for business use only, however if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.
    7. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    8. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
    9. The limitations of liability included in this Clause 9 apply only to the use of Our Site and not to the sale of Paid Content, which is governed separately by Our Terms of Sale.

10. Viruses, Malware and Security

    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

11. Acceptable Usage Policy

    1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:
        1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
        2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
        3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
        4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
        6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive;
        8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
        9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
        12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:
        1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
        2. remove any User Content submitted by you that violates this Acceptable Usage Policy;
        3. issue you with a written warning;
        4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
        5. take further legal action against you as appropriate;
        6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
        7. any other actions which We deem reasonably appropriate (and lawful).
    4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

12. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from www.cardandgiftnetwork.com/cookies and www.cardandgiftnetwork.com/privacy.  These policies are incorporated into these Terms and Conditions by this reference.

13. Changes to these Terms of Use

    1. We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

14. Contacting Us

To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page at www.cardandgiftnetwork.com/contact.

15. Communications from Us

    1. If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 28 business days for your new preferences to take effect.
    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected] or via www.cardandgiftnetwork.com/contact.

16. Data Protection

    1. Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
    2. We may use your personal information to:
        1. Provide and administer your Account;
        2. Reply to any communications you send to Us;
        3. Send you important notices, as detailed in Clause 15;
        4. Send resources or marketing materials you have requested.
    3. We will not pass on your personal information to any third parties.

17. Law and Jurisdiction

    1. These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    2. If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
    3. If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Terms of Use: Ecommerce Sale of Services

TERMS OF USE

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of services.  Please refer to our Terms of Sale for more information.

1. Definitions and Interpretation

    1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User”

means a user of Our Site;

“User Content”

means any content submitted to Our Site by Users including, but not limited to articles, reviews and comments.

“We/Us/Our”

means Piccadilly Lane, a company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

2. Information About Us

    1. Our Site, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com) is owned and operated by Piccadilly Lane Limited , a limited company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.  Our VAT number is VAT Reg 138 8359 74.

3. Access to Our Site

    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

    1. Certain parts of Our Site (including the ability to submit User Content) may require an Account in order to access them.
    2. You may not create an Account if you are under 16 years of age.  If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
    3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
    4. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please contact Us immediately at [email protected].  We will not be liable for any unauthorised use of your Account.
    5. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
    6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 15.
    7. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
    8. If you close and delete your Account, any User Content you have submitted to Our Site may also be deleted or will be anonymised by removing your username and avatar.

5. Intellectual Property Rights

    1. With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
    2. Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
    3. You may:
        1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
        2. Download Our Site (or any part of it) for caching;
        3. Print one copy of any page(s) from Our Site;
        4. Download extracts from pages on Our Site; and
        5. Save pages from Our Site for later and/or offline viewing.
    4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
    5. You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.
    6. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. User Content

    1. User Content on Our Site includes (but is not necessarily limited to) articles, reviews, comments on articles published on Our Site, created and submitted by Users.
    2. An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.
    3. You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.
    4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.
    5. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
    6. If you wish to remove User Content from Our Site, the User Content in question will be deleted or anonymised by removing your username and avatar.  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
    7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
    8. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

7. Links to Our Site

    1. You may link to Our Site provided that:
        1. you do so in a fair and legal manner;
        2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
        3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
        4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    2. You may link to any page of Our Site.
    3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at [email protected] for further information.
    4. You may not link to Our Site from any other site the main content of which contains material that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
        6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive another person;
        8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
        9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
        12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    5. The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

8. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Liability and Disclaimers

    1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to shopping, business, eCommerce and digital marketing.
    2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning services for sale through Our Site.  Please refer to Our Terms of Sale for more information.
    4. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
    5. If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    6. If you are a consumer user, please note that Our Site is intended for business use only, however if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.
    7. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    8. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
    9. The limitations of liability included in this Clause 9 apply only to the use of Our Site and not to the sale of services, which is governed separately by Our Terms of Sale.

10. Viruses, Malware and Security

    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

11. Acceptable Usage Policy

    1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:
        1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
        2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
        3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
        4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
        6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive;
        8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
        9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
        12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:
        1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
        2. remove any User Content submitted by you that violates this Acceptable Usage Policy;
        3. issue you with a written warning;
        4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
        5. take further legal action against you as appropriate;
        6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
        7. any other actions which We deem reasonably appropriate (and lawful).
    4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

12. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from www.cardandgiftnetwork.com/cookies and www.cardandgiftnetwork.com/privacy.  These policies are incorporated into these Terms and Conditions by this reference.

13. Changes to these Terms of Use

    1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

14. Contacting Us

To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page at www.cardandgiftnetwork.com/contact.

15. Communications from Us

    1. If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 28 business days for your new preferences to take effect.
    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected] or via www.cardandgiftnetwork.com/contact.

16. Data Protection

    1. Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
    2. We may use your personal information to:
        1. Provide and administer your Account;
        2. Reply to any communications you send to Us;
        3. Send you important notices, as detailed in Clause 15;
        4. Send resources or marketing materials you have requested.
    3. We will not pass on your personal information to any third parties.

17. Law and Jurisdiction

    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

Terms of Sale

Terms of Sale: Business Directory

TERMS OF SALE

BACKGROUND:

These Terms of Sale set out the terms under which Paid Listings are sold by Us to customers through this website, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com, members.cardandgiftnetwork.com) (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before purchasing and submitting a Paid Listing.  You will be required to read and accept these Terms of Sale when completing your purchase.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase and submit a Paid Listing to Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

    1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”

means a contract for the purchase of a Paid Listing, as explained in Clause 6;

“Listed Business”

means any business featured in a Paid Listing;

“Listing Confirmation”

means Our acceptance and confirmation of your purchase of a Paid Listing;

“Listing ID”

means the reference number for your Paid Listing;

“Paid Listing”

means a premium directory listing posted on Our Site by a User, in exchange for a fee, providing details of a Listed Business;

“User”

means a user of Our Site; and

“We/Us/Our”

means Piccadilly Lane, a company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

2. Information About Us

    1. Our Site, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com) is owned and operated by Piccadilly Lane Limited , a limited company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.  Our VAT number is VAT Reg 138 8359 74.

3. Access to and Use of Our Site

    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    4. Use of Our Site is subject to Our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.

4. Business and Consumer Customers

    1. These Terms of Sale apply to both business and consumer customers.
    2. If you are a business customer, these Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Paid Listings from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

5. Paid Listings, Pricing and Availability

    1. We may from time to time change Our pricing.  Changes in price will not affect any Paid Listing that you have already purchased but will apply to any subsequent renewal of a Paid Listing or a new Paid Listing.  We will inform you of any change in price at least 7 days before the change is due to take effect.  If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 12.1.
    2. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Paid Listing that you have already placed (please note sub-Clause 5.5 regarding VAT, however).
    3. All prices are checked by Us before We accept your order for a Paid Listing.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order.  If the correct price is higher, We will give you the option to purchase the Paid Listing at the correct price or to cancel your order.  We will not proceed with processing your order in this case until you respond.  If We do not receive a response from you within 14 days, We will treat your order as cancelled and notify you of this in writing.
    4. If We discover an error in the price of your Paid Listing after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error.  You may, however, have the right to cancel the Contract if this happens.  If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 12.4.
    5. Prices on Our Site are shown both inclusive and exclusive of VAT.  If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

6. Orders – How Contracts Are Formed

    1. Our Site will guide you through the process of purchasing a Paid Listing.  Before completing your order, you will be given the opportunity to review it and amend it.  Please ensure that you have checked your order carefully before submitting it.
    2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the completion of the transaction or in the appearance of your Paid Listing on Our Site that results from you providing incorrect or incomplete information.
    3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Paid Listing constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you a Listing Confirmation by email.  Only once We have sent you a Listing Confirmation will there be a legally binding Contract between Us and you.
    4. Listing Confirmations shall contain the following information:
        1. Your Listing ID;
        2. Confirmation of the Paid Listing purchased including full details of the main characteristics of Our services and the details included in your Paid Listing;
        3. Fully itemised pricing for your Paid Listing including, where appropriate, taxes, and other additional charges;
        4. The period of time for which your Paid Listing will be available on Our Site.
      1. In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you.
      2. Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
      3. Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Paid Listing unless you specifically request that We make a refund using a different method.

7. Payment

    1. Payment for Paid Listings must always be made in advance.  Your chosen payment method will be charged when We process your order and send you a Listing Confirmation.
    2. Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
    3. We accept the following methods of payment on Our Site:
        1. debit and credit cards.
    4. If you do not make any payment due to Us on time, We will not make your Paid Listing available on Our Site or, in the case of a renewal, will suspend its availability on Our Site.  If you do not make payment within 14 days of Our reminder, We may cancel the Contract, and will inform you of the cancellation in writing.
    5. If you believe that We have charged you an incorrect amount, please contact Us at [email protected] as soon as reasonably possible to let Us know.

8. Paid Listings

    1. You agree that you will be solely responsible for your Paid Listing and its content.  We accept no responsibility for the content of Paid Listings.  Specifically, you agree, represent, and warrant that you have the right to submit the Paid Listing, that all the information in the Paid Listing is accurate and truthful, that all such information will be kept accurate and up-to-date, and that the Paid Listing will comply with Our Acceptable Usage Policy, detailed below in Clause 9.
    2. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 8.1.  You will be responsible for any loss or damage suffered by Us as a result of such a breach.
    3. You (or your licensors, as appropriate) retain ownership of the content of your Paid Listing and all intellectual property rights subsisting therein.  By submitting a Paid Listing, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Paid Listing for the purposes of operating and promoting Our Site.
    4. Your Paid Listing will be made available on Our Site immediately when We send you a Listing Confirmation and will continue to be available for the period stated in the Listing Confirmation (including any renewals), or until the Contract is otherwise ended.
    5. In some limited circumstances, We may need to suspend the availability of Paid Listings for reasons including, but not limited to, fixing technical problems on Our Site.  If your Paid Listing is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary. If the suspension lasts for more than 7 days, the availability of your Paid Ad will be extended by a period equivalent to the length of the suspension.  If the suspension lasts (or We tell you that it is going to last) for more than 60 days, you may end the Contract as described below in sub-Clause 12.2.
    6. If you wish to remove your Paid Listing from Our Site, you may do so by deleting your listing in the members area.  Removing a Paid Listing also revokes the licence granted to Us to use that Paid Listing under sub-Clause 8.3.  Please note, however, that caching or references to your Paid Listing may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).  Removing a Paid Listing before its expiry under this sub-Clause 8.6 will not entitle you to any refund, as per sub-Clause 11.1, and you will remain free to reactivate your Paid Listing up until the expiry date. For details of other cancellation rights, please refer to Clauses 11 and 12.
    7. We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Paid Listings.  Any such opinions, views, or values are those of the relevant User and/or Listed Business, and do not reflect Our opinions, views, or values in any way.  We have no control over, nor any involvement in, Paid Listings, and We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Business.

9. Acceptable Usage Policy

    1. When submitting a Paid Listing, you must not submit or otherwise do anything that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
        6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the Listed Business or any other business or person);
        8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
        9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.1);
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyrights, patents, trade marks, and database rights) of any other party; or
        12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    2. Paid Listings for the following types of business may not be posted:
        1. businesses that fall outside the greetings card and giftware industries and do not directly serve these industries.
    3. We reserve the right to suspend or terminate your Paid Listing and your access to Our Site if you materially breach the provisions of this Clause 9.  No refunds will be given in the event of such suspension or termination.  In addition, We may take one or more of the following actions:
        1. issue you with a written warning;
        2. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
        3. take further legal action against you as appropriate;
        4. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
        5. any other actions which We deem reasonably appropriate (and lawful).
    4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Sale.

10. Problems with Our Service and Consumers’ Legal Rights

    1. We will provide Our service to you with reasonable care and skill, consistent with best practices and standards in Our market, and in accordance with any and all information provided by Us about Our services and about Us.  We always use reasonable endeavours to ensure that Our services are trouble-free.  If, however, there is a problem with your Paid Listing or with any other aspect of Our services, please contact Us as soon as is reasonably possible via email at [email protected].  We will use reasonable endeavours to remedy problems as quickly as is reasonably possible and practical.
    2. If you are a consumer, you have certain legal rights if you purchase services and problems arise.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.

11. Ending the Contract

    1. You may cancel the Contract and remove your Paid Listing at any time, however subject to sub-Clause 11.2 and Clause 12 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will remain free to reactivate your Paid Listing up until the renewal or expiry date, as applicable, whereupon the Contract will end.
    2. If you purchase a Paid Listing by mistake (or allow your Paid Listing to renew by mistake), please inform Us within 7 days, and We will cancel the purchase, remove your Paid Listing, and issue a full refund.  If you do not inform Us within 7 days, We will not be able to offer any refund and your Paid Listing will remain available (unless you remove it) until its expiry date.
    3. Please note that consumers will not be eligible for a 14-day cancellation or “cooling-off” period as Our service (i.e. the hosting of your Paid Listing) begins immediately upon the formation of the Contract. You will be required to expressly acknowledge this during the order process.
    4. If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation form on Our Site and will include a link to it with the Listing Confirmation.  Cancellation by email or by post is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following details:
        1. Telephone: 07909 693 582;
        2. Email: [email protected];
        3. Post: Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE;
    5. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however please note that you are under no obligation to provide any details if you do not wish to.
    6. Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
    7. Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Paid Listing unless you specifically request that We make a refund using a different method.

12. Ending the Contract Because of Something We Have Done (or Will Do)

    1. You may end the Contract at any time if We have informed you of a forthcoming change to Our services, or to these Terms of Sale that you do not agree to.  If the change is set to take effect or apply to you before the expiry date of your Paid Listing, We will issue you with a pro-rated refund equal to the time remaining on your Paid Listing.  If the change will not take effect or apply to you until the expiry date of your Paid Listing, the Contract will end on the expiry date and no refund will be due.
    2. If We have suspended availability of your Paid Listing for more than 60 days, or We have informed you that We are going to suspend availability for more than 60 days, you may end the Contract immediately, as described in sub-Clause 8.5.  If you end the Contract for this reason, We will issue you with a refund for any unused periods.
    3. If an event outside of Our reasonable control occurs and continues for more than 60 days you may end the Contract immediately.  See sub-Clause 14.2.6 for more information.  If you end the Contract for this reason, We will issue you with a refund for any unused periods.
    4. If We inform you of an error in the price of your Paid Listing and you wish to end the Contract as a result, you may end it immediately.  If you end the Contract for this reason, We will issue you with a refund for any unused periods.
    5. You also have a legal right to end the Contract at any time if We are in breach of it.  You may also be entitled to a full or partial refund and compensation. For details of your legal rights, if you are a consumer, please refer to your local Citizens Advice Bureau or Trading Standards Office.
    6. If you wish to exercise your right to cancel under this Clause 12, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation form on Our Site and will include a link to it with the Listing Confirmation.  If you would prefer to contact Us directly to cancel, please use the following details:
        1. Telephone: 07909 693 582;
        2. Email: [email protected];
        3. Post: Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE;

In each case, providing Us with your name, address, email address, telephone number, and Listing ID.

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however please note that you are under no obligation to provide any details if you do not wish to.
      2. Refunds under this Clause 12 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
      3. Refunds under this Clause 12 will be made using the same payment method that you used when purchasing your Paid Listing unless you specifically request that We make a refund using a different method.

13. Our Liability

    1. If you are a consumer, We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or Damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    2. If you are a business, subject to sub-Clause 13.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
    3. If you are a business, subject to sub-Clause 13.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by you under the contract in question.
    4. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
    5. In particular, nothing in these Terms of Sale seeks to limit consumers’ legal rights.  If you are a consumer, more information about your legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

14. Events Outside of Our Control (Force Majeure)

    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
        1. We will inform you as soon as is reasonably possible;
        2. We will take all reasonable steps to minimise the delay;
        3. To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
        4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
        5. If the event outside of Our control continues for more than 60 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled and will be made using the same payment method that you used when purchasing your Paid Listing unless you specifically request that We make a refund using a different method;
        6. If an event outside of Our control occurs and continues for more than 60 days and you wish to cancel the Contract as a result, you may do so as described in sub-Clause 12.3.

15. Contacting Us

    1. If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 07909 693 582, by email at [email protected], or by post at Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.
    2. For matters relating to Paid Listings, please contact Us by telephone at 07909 693 582, by email at [email protected], or by post at Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.
    3. For matters relating to cancellations, please contact Us by telephone at 07909 693 582, by email at [email protected], or by post at Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

16. Complaints and Feedback

    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. All complaints are handled in accordance with Our complaints handling policy and procedure.
    3. If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us in one of the following ways:
        1. In writing, addressed to Charlotte Biggs, Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE;
        2. By email, addressed to Charlotte Biggs at [email protected];
        3. By contacting Us by telephone on 07909 693 582.

17. How We Use Your Personal Information (Data Protection)

    1. All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    2. We may use your personal information to:
        1. Host your Paid Listing;
        2. Process your payment; and
        3. Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it).  You may request that We stop sending you this information at any time.
    3. We will not pass on your personal information to any third parties without first obtaining your express permission.

18. Other Important Terms

    1. We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights hereunder will not be affected and Our obligations hereunder will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights hereunder without Our express written permission. 
    3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Paid Listing, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 12.1 above).

19. Law and Jurisdiction

    1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    2. If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    3. If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Terms of Sale: Digital Content on Subscription

TERMS OF SALE

BACKGROUND:

These Terms of Sale set out the terms under which Paid Content, accessed via Subscriptions, is sold by Us to business customers through this website, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription.  You will be required to read and accept these Terms of Sale when ordering a Subscription.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access Paid Content through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

    1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”

means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 6;

“Paid Content”

means the digital content sold by Us through Our Site;

“Subscription”

means a subscription to Our Site providing access to Paid Content;

“Subscription Confirmation”

means Our acceptance and confirmation of your purchase of a Subscription;

“Subscription ID”

means the reference number for your Subscription; and

“We/Us/Our”

means Piccadilly Lane, a company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

2. Information About Us

    1. Our Site, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com) is owned and operated by Piccadilly Lane Limited, a limited company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.  Our VAT number is VAT Reg 138 8359 74.

3. Access to and Use of Our Site

    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    4. Use of Our Site is subject to Our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.

4. Business Customers and Consumers

    1. These Terms of Sale apply to business customers only.  These Terms of Sale do not apply to individual consumers purchasing Paid Content for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).
    2. These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Subscriptions and Paid Content from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

5. Subscriptions, Paid Content, Pricing and Availability

    1. We may from time to time change Our prices.  Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription.  We will inform you of any change in price at least 7 days before the change is due to take effect.  If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 11.1.
    2. Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues.  These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content.  However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
    3. In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content.  If We do so, We will inform you at least 7 days before the changes are due to take effect.  If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 11.1.
    4. Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content.  Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
    5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.9 regarding VAT, however).
    6. All prices are checked by Us before We accept your order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order.  If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it).  We will not proceed with processing your order in this case until you respond.  If We do not receive a response from you within 14 days, We will treat your order as cancelled and notify you of this in writing.
    7. If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error.  You may, however, have the right to cancel the Contract if this happens.  If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 11.4.
    8. If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.  Subsequent Subscriptions and renewals will be charged at the new price.
    9. Prices on Our Site are shown both exclusive of and inclusive of VAT.  If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

6. Orders – How Contracts Are Formed

    1. Our Site will guide you through the process of purchasing a Subscription.  Before completing your purchase, you will be given the opportunity to review your order and amend it.  Please ensure that you have checked your order carefully before submitting it.
    2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
    3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you a Subscription Confirmation by email.  Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
    4. Subscription Confirmations shall contain the following information:
        1. Your Subscription ID;
        2. Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
        3. Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;
        4. The duration of your Subscription (including the start date, and the expiry and/or renewal date);
      1. In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you.
      2. Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
      3. Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.

7. Payment

    1. Payment for Subscriptions must always be made in advance.  Your chosen payment method will be charged when We process your order and send you a Subscription Confirmation and on each renewal date.
    2. Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
    3. We accept the following methods of payment on Our Site:
        1. debit and credit cards;
        2. Bank transfer, email [email protected] for more information.
    4. If you do not make any payment due to Us on time, We will suspend your access to the Paid Content.  For more information, please refer to sub-Clause 8.4.  If you do not make payment within 7 days of Our reminder, We may cancel the Contract.  Any outstanding sums due to Us will remain due and payable.
    5. If you believe that We have charged you an incorrect amount, please contact Us at [email protected] as soon as reasonably possible to let Us know.  You will not be charged for Paid Content while availability is suspended.

8. Provision of Paid Content

    1. Paid Content appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until the Contract is otherwise ended.
    2. In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
        1. To fix technical problems or to make necessary minor technical changes, as described above in sub-Clause 5.2;
        2. To update the Paid Content to comply with relevant changes in the law or other regulatory requirements, as described above in sub-Clause 5.2; or
        3. To make more significant changes to the Paid Content, as described above in sub-Clause 5.3.
    3. If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.2, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension).  You will not be charged while availability is suspended and your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 7 days.  If the suspension lasts (or We tell you that it is going to last) for more than 28 days, you may end the Contract as described below in sub-Clause 11.2.
    4. We may suspend provision of the Paid Content if We do not receive payment on time from you.  We will inform you of the non-payment on the due date, however if you do not make payment within 7 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you.  If We do suspend provision of the Paid Content, We will inform you of the suspension.  You will not be charged for any Paid Content while provision is suspended.

9. Licence

    1. When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for commercial purposes.  The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
    2. The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:
        1. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

10. Ending Your Subscription

    1. You may cancel your Subscription at any time, however subject to sub-Clause 10.2 and Clause 11 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
    2. If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content.  Provided you have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund.  If you have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
    3. If you wish to exercise your right to cancel under this Clause 10, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation form on Our Site and will include a link to it with the Subscription Confirmation.  Cancellation by email or by post is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following details:
        1. Telephone: 07909 693 582;
        2. Email: [email protected];
        3. Post: Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE;

In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
      2. Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
      3. Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.

11. Ending the Contract Because of Something We Have Done (or Will Do)

    1. You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Paid Content (as described in sub-Clauses 5.1 or 5.3), or to these Terms of Sale that you do not agree to.  If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription.  If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Paid Content until that date.
    2. If We have suspended availability of the Paid Content for more than 28 days, or We have informed you that We are going to suspend availability for more than 28 days, you may end the Contract immediately, as described in sub-Clause 8.3.  If you end the Contract for this reason, We will issue you with a refund based on use/time remaining on your subscription.
    3. If availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately.  See sub-Clause 13.2.6 for more information.  If you end the Contract for this reason, We will issue you with a refund based on use/time remaining on your subscription.
    4. If We inform you of an error in the price or description of your Subscription or the Paid Content and you wish to end the Contract as a result, you may end it immediately.  If you end the Contract for this reason, We will issue you with a refund based on use/time remaining on your subscription
    5. You also have a legal right to end the Contract at any time if We are in breach of it.  You may also be entitled to a full or partial refund and compensation.
    6. If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation form on Our Site and will include a link to it with the Subscription Confirmation.  If you would prefer to contact Us directly to cancel, please use the following details:
        1. Telephone: 07909 693 582;
        2. Email: [email protected];
        3. Post: Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE;

In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
      2. Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
      3. Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.

12. Our Liability

    1. Subject to sub-Clause 12.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
    2. Subject to sub-Clause 12.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by you under the contract in question.
    3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

13. Events Outside of Our Control (Force Majeure)

    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
        1. We will inform you as soon as is reasonably possible;
        2. We will take all reasonable steps to minimise the delay;
        3. To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
        4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;
        5. If the event outside of Our control continues for more than 60 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription unless you specifically request that We make a refund using a different method;
        6. If an event outside of Our control occurs and continues for more than 28 days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site.  If you would prefer to contact Us directly to cancel, please use the following details:

Telephone: 07909 693 582;

Email: [email protected];

Post: Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription unless you specifically request that We make a refund using a different method.

14. Communication and Contact Details

    1. If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 07909 693 582, by email at [email protected], or by post at Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.
    2. For matters relating the Paid Content or your Subscription, please contact Us by telephone at 07909 693 582, by email at [email protected], or by post at Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE
    3. For matters relating to cancellations, please contact Us by telephone at 07909 693 582, by email at [email protected], or by post at Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE or refer to the relevant Clauses above.

15. Complaints and Feedback

    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. All complaints are handled in accordance with Our complaints handling policy and procedure.
    3. If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us in one of the following ways:
        1. In writing, addressed to Charlotte Biggs, Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE
        2. By email, addressed to Charlotte Biggs at [email protected];

16. How We Use Your Personal Information (Data Protection)

    1. All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    2. We may use your personal information to:
        1. Provide Subscriptions and Paid Content to you;
        2. Process your payment; and
        3. Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it).  You may request that We stop sending you this information at any time.
    3. We will not pass on your personal information to any third parties without first obtaining your express permission.

17. Other Important Terms

    1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
    3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 11.1 above).

18. Law and Jurisdiction

    1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    2. Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Terms of Sale: Ecommerce Sale of Services

TERMS OF SALE

BACKGROUND:

These Terms of Sale set out the terms under which Services are sold and provided by Us to business customers through this website, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com, members.cardandgiftnetwork.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site.  You will be required to read and accept these Terms of Sale when ordering Services.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

    1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”

means a contract for the purchase and sale of Services, as explained in Clause 7;

“Order”

means your order for the Services;

“Order Confirmation”

means Our acceptance and confirmation of your Order;

“Order Number”

means the reference number for your Order;

“Services”

means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and

“We/Us/Our”

means Piccadilly Lane, a company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

2. Information About Us

    1. Our Site, www.cardandgiftnetwork.com (and its sub-domains directory.cardandgiftnetwork.com , members.cardandgiftnetwork.com) is owned and operated by Piccadilly Lane Limited , a limited company registered in England & Wales under 8050681, whose registered address is Piccadilly Lane Limited, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.  Our VAT number is VAT Reg 138 8359 74.

3. Access to and Use of Our Site

    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    4. Use of Our Site is subject to Our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.

4. Business Customers and Consumers

    1. These Terms of Sale apply to business customers purchasing in connection with, or for use in, their trade, business, craft, or profession.
    2. These Terms of Sale, together with any other terms referenced herein that are applicable to the Services ordered, constitute the entire agreement between Us and you with respect to your purchase of Services from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or referenced in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

5. International Customers

Our Services are available to UK customers only.  We do not currently accept orders for Services from customers based outside of the UK.

6. Services, Pricing and Availability

    1. We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
    2. Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
    3. Where appropriate, you may be required to select the required Services.
    4. We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.  Availability indications not provided on Our Site.
    5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed (please note sub-Clause 6.8 regarding VAT, however).
    6. All prices are checked by Us when We process your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of the same in writing.
    7. In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    8. Prices on Our Site are shown both exclusive of and inclusive of VAT.  If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7. Orders – How Contracts Are Formed

    1. Our Site will guide you through the ordering process.  Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors.  Please ensure that you have checked your Order carefully before submitting it.
    2. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
    3. Order Confirmations shall contain the following information:
        1. Your Order Number;
        2. Confirmation of the Services ordered including full details of the main characteristics of those Services;
        3. Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges;
    4. We can also provide a paper copy of the Order Confirmation on request.
    5. If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances.  If We have taken payment, any such sums will be refunded to you as soon as possible and in any event within 14 days.
    6. You may change your Order at any time before We begin providing the Services by contacting Us at [email protected].
    7. If you change your Order, We will confirm all agreed changes in writing.
    8. We may cancel your Order at any time before We begin providing the Services in the following circumstances:
        1. The required personnel and/or required materials necessary for the provision of the Services are not available; or
        2. An event outside of Our control continues for more than 28 days (please refer to Clause 14 for events outside of Our control).
    9. If We cancel your Order under sub-Clause 7.8 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.  If We cancel your Order, you will be informed by email.
    10. Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Services unless you specifically request that We make a refund using a different method.

8. Payment

    1. Payment for the Services will be due in the form of an advance payment of 100% of the total price for the Services. Price and payment details will be confirmed in the Order Confirmation.  Your chosen payment method will be charged as indicated.
    2. All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
    3. We accept the following methods of payment on Our Site:
        1. debit and credit cards.
    4. If you do not make any payment to Us by the due date as shown on the order confirmation. We may charge you interest on the overdue sum at the rate of 3% per annum above the base lending rate of Bank of England from time to time.  Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.
    5. The provisions of sub-Clause 8.4 will not apply if you have promptly contacted Us to dispute an invoice in good faith.  No interest will be payable while such a dispute is ongoing.  Once any such dispute is resolved, We will charge interest on correctly invoiced sums from the original due date.

9. Provision of the Services

    1. We will provide the Services with reasonable skill and care consistent with best practices and standards in the consultancy industry.  We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation).
    2. We will continue providing the Services until the estimated completion date set out in the Order Confirmation.
    3. We will make every reasonable effort to provide the Services in a timely manner and to complete them on time.  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 14 for events outside of Our control.
    4. If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.  Depending upon the nature of the Services you have ordered, We may require information or action such as, but not limited to, a company biography or product specifications.
    5. If the information you provide or the action you take under sub-Clause 9.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a problem arising as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.
    6. In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 9.4, We may suspend the Services (and will inform you of that suspension by email.
    7. In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue.  Unless the issue is an emergency that requires immediate action We will inform you in advance by email before suspending or interrupting the Services.
    8. If the Services are suspended or interrupted under sub-Clauses 9.6, or 9.7 you will not be required to pay for them during the period of suspension.  You must, however, pay any sums that may already be due by the appropriate due date(s).
    9. If you do not pay Us for the Services as required by Clause 8, We may suspend the Services until you have paid any and all outstanding sums due.  If this happens, We will inform you by email.  This does not affect Our right to charge you interest on any overdue sums under sub-Clause 8.4.
    10. We always use reasonable endeavours to ensure that Our Services are trouble-free.  If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via [email protected].
    11. We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.
    12. We will not charge you for remedying problems under this Clause 9 where the problems have been caused by Us, or any of Our agents or sub-contractors, or where nobody is at fault.  If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 9.5 will apply and We may charge you for the remedial work.

10. Cancelling the Services

    1. Cancellation of Contracts shall be subject to the specific terms governing the Services in question and may be subject to a minimum contract duration.  Details of the relevant duration, cancellation provisions and minimum notice periods will be provided in our terms of sale.
    2. If you wish to cancel under this Clause 10, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation form on Our Site and will include a link to it with the Order Confirmation.  If you would prefer to contact Us directly, please use the following details:
        1. Telephone: 07909 693 582;
        2. Email: [email protected];
        3. Post: Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
      2. Eligibility for refunds may vary according to the Services ordered.  You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs).  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.  Details of the relevant terms will be provided and confirmed in Our Order Confirmation.
      3. Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
      4. Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Services unless you specifically request that We make a refund using a different method.

11. Ending the Contract Because of Something We Have Done (or Will Do)

    1. You may end the Contract immediately at any time by giving Us written notice in the following circumstances:
        1. We breach the Contract in a material way and fail to remedy the breach within 28 days of you asking Us to do so in writing;
        2. We go into liquidation or have a receiver or administrator appointed over Our assets;
        3. We change these Terms of Sale to your material disadvantage;
        4. We are adversely affected by an event outside of Our control that continues for more than 28 days (as under sub-Clause 14.2.5).
    2. If you wish to cancel under this Clause 11, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation form on Our Site and will include a link to it with the Order Confirmation.  If you would prefer to contact Us directly, please use the following details:
        1. Telephone: 07909 693 582;
        2. Email: [email protected];
        3. Post: Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
      2. Eligibility for refunds may vary according to the Services ordered.  You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs).  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.  Details of the relevant terms will be provided and confirmed in Our Order Confirmation.  If you are cancelling due to Our breach under sub-Clause 11.1.1, you will not be required to make any payment to Us (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).
      3. Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
      4. Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Services unless you specifically request that We make a refund using a different method.

12. Our Rights to Cancel

    1. For cancellations before We begin providing the Services, please refer to sub-Clause 7.8.
    2. We may cancel the Contract after We have begun providing the Services due to an Event outside of Our control that continues for more than 28 days (as under sub-Clause 14.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services.  In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums or no payment will be due from you and if you have already made any payment to Us, such sums will be refunded to you.
    3. Once We have begun providing the Services, We may cancel the Contract at any time and will give you at least 28 days written notice of such cancellation.  You will only be required to pay for Services that you have received.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
    4. We may cancel immediately by giving you written notice in the following circumstances.  You will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums:
        1. You fail to make a payment by the due date as set out in Clause 8.  This does not affect Our right to charge you interest on any overdue sums as set out in sub-Clause 8.4; or
        2. You breach the contract in a material way and fail to remedy the breach within 14 days  of Us asking you to do so in writing.
    5. Refunds under this Clause 12 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
    6. Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Services unless you specifically request that We make a refund using a different method.

13. Our Liability

    1. Subject to sub-Clauses 13.3 and 13.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
    2. Subject to sub-Clauses 13.3 and 13.4 Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by you under the contract in question.
    3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
    4. If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you.  We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.

14. Events Outside of Our Control (Force Majeure)

    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
        1. We will inform you as soon as is reasonably possible;
        2. Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
        3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
        4. If the event outside of Our control continues for more than 60 days We may cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;
        5. If an event outside of Our control occurs 28 days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site. If you would prefer to contact Us directly to cancel, please use the following details:
        6. Telephone: 07909 693 582;
        7. Email: [email protected];
        8. Post: Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.

15. Communication and Contact Details

    1. If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 07909 693 582, by email at [email protected], or by post at Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.
    2. For matters relating to Our Services or your Order, please contact Us by telephone at 07909 693 582, by email at [email protected], or by post at Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.
    3. For matters relating to cancellations, please contact Us by telephone at 07909 693 582, by email at [email protected], or by post at Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

16. Complaints and Feedback

    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. All complaints are handled in accordance with Our complaints handling policy and procedure.
    3. If you wish to give Us feedback about any aspect of your dealings with Us, please contact Us in one of the following ways:
        1. Telephone: 07909 693 582;
        2. Email: [email protected];
        3. Post: Piccadilly Lane, LCB Depot, 31 Rutland Street, Leicester, LE1 1RE;

17. How We Use Your Personal Information (Data Protection)

    1. All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    2. We may use your personal information to:
        1. Provide Our services to you;
        2. Process your Order (including payment) for the Services; and
        3. Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it).  You may request that We stop sending you this information at any time.
    3. In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
    4. We will not pass on your personal information to any third parties without first obtaining your express permission.

18. Other Important Terms

    1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
    3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale at any time, We will give you at least 7 days written notice of the changes before they come into effect.  If you wish to cancel the Contract as a result, please refer to sub-Clause 11.1.3.

19. Law and Jurisdiction

    1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    2. Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.