Terms & Conditions for Card & Gift Network

Here you’ll find the terms & conditions for the website, followed by terms & conditions for the site’s directory.

Terms & Conditions: Main Site

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 (“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.

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 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;

“Our Site”

means this website, www.cardandgiftnetwork.com and a reference to “Our Site” includes reference to any and all Content included therein (including User Content, unless expressly stated otherwise);

“User”

means a user of Our Site;

“User Content”

means photographs submitted by Users to Our Site; and

“We/Us/Our”

means Piccadilly Lane Limited t/a Card & Gift Network, a company registered in England under 08050681, whose registered address is LCB Depot, 31 Rutland Street, Leicester, LE1 1RE and whose main trading address is LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

Information About Us

      1. Our Site, www.cardandgiftnetwork.com, is owned and operated by Piccadilly Lane Limited t/a Card & Gift Network, a limited company registered in England under 08050681, whose registered address is LCB Depot, 31 Rutland Street, Leicester, LE1 1RE and whose main trading address is LCB Depot, 31 Rutland Street, Leicester, LE1 1RE. Our VAT number is 138 8359 74.

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.

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 18 years of age.  If you are under 18 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 16.
      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 will also be deleted, unless being used for editorial or promotional materials elsewhere on our site or in digital content related to the site.

Intellectual Property Rights and Our Site

      1. With the exception of User Content (see Clauses 6 and 7), all Content 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 the licence granted to Us under sub-Clause 6.5, Users retain the ownership of copyright and other intellectual property rights subsisting in User Content submitted by them (unless any part of such User Content is owned by a third party who has given their express permission for their material to be used in the User Content).
      3. 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 any Content where we have provided a link enabling you to do so;
          3. Download Our Site (or any part of it) for caching;
          4. Print one copy of any page(s) from Our Site;
          5. Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
          6. Save pages from Our Site for later and/or offline viewing;
          7. View and use User Content in accordance with the permissions (displayed with that User Content and) set out in Clause 7;
      4. You may not use any Content (including User Content) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence to do so from Us, our licensors, or from the relevant User, as appropriate.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
      5. 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.
      6. Subject to sub-Clause(s) 5.3 (and 5.8) and Clause 7 (governing User Content) 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 clearly given express permission to do so.  For further information, 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 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.)

User Content

      1. User Content on Our Site includes (but is not necessarily limited to) photographs of User Content hosted.
      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 8.
      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.  By submitting User Content, you grant Us an unconditional, non-exclusive, fully transferable, 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.
      6. If you wish to remove User Content, you may do so by requesting removal by emailing us at [email protected]  We will use reasonable efforts to remove the User Content in question from Our Site.  (Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 6.5.) 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.

Intellectual Property Rights and User Content

      1. User Content included on Our Site and the copyright and other intellectual property rights subsisting in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content.  All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
      2. Subject to the rights to use Our Site set out in sub-Clause 5.3, Users may not otherwise copy, distribute, publicly perform, publicly display, reproduce, or create derivative works based upon, each others’ User Content, without first obtaining the express written permission of the User to whom the User Content in question belongs.
      3. We take technical measures to limit and/or restrict the ability of Users to unlawfully copy User Content submitted to Our Site. Despite such measures, We do not make any representation or warranty that your User Content will not be unlawfully copied without your permission.
      4. Unless a particular User expressly states otherwise, the identity and ownership status of Users and User Content must always be acknowledged.
      5. Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyright, 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.

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 8.  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 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 8.2);
          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 8 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 of your User Content which 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 and Conditions.

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;
          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 9.4);
          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, patents, 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 9.4 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 9.4.  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.

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.

Advertising

      1. We may feature advertising on Our Site and We reserve the right to display advertising on the same page as any User Content.
      2. You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
      3. 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.

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 the greetings card & giftware industries, online marketing or online selling.
      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 created by Us (that is not User Content) damages your device or other digital content belonging to you, 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 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 such Content is complete, accurate, or up-to-date.
      5. We are not responsible for the content or accuracy of, 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.

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 (whether it is provided by Us or whether it is User 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 (including User Content) included on Our Site.
      3. Our Site is intended for non-commercial use only.  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 12.3, 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 (including User 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.

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 User Content 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 13.4.
      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 14.3 to 14.5 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.

Privacy and Cookies

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

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 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 17;
          4. Create website content & associated digital content.
      3. We will not pass on your personal information to any third parties without first obtaining your express permission to do so.

Communications from Us

      1. If you have an Account, 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, changes to these Terms and Conditions, and changes to your Account.
      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.  Email marketing options can also be changed via the link on email communications or by requesting a change by contacting us at [email protected].  If you opt out of receiving emails from us at any time, it may take up to 10 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.

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.

Contacting Us

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

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, English law.
      2. If you are a consumer, 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 jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

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 and Wales.

Terms & Conditions: Directory

BACKGROUND:

This agreement applies as between you, the User of this Website and Piccadilly Lane Limited t/a Card & Gift Network, the owner(s) of this Website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

This Website, www.cardandgiftnetwork.com is owned and operated by Piccadilly Lane Limited t/a Card & Gift Network, a limited company registered in England under 080500681, whose registered address is LCB Depot, 31 Rutland Street, Leicester, LE1 1RE and whose main trading address is LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

Our VAT number is 138 8359 74

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

“Account”

means collectively the personal/identifying information, payment information and credentials used by Users to access parts of the Website and to create Listings;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Listing”

means a directory listing posted on the Website by a User which shall provide details of that User’s business including, but not limited to, contact details;

“Listed Business”

means any business which features in a Listing;

“Listing Fee”

means the fee payable to post a Listing;

“Piccadilly Lane t/a Card & Gift Network”

means Piccadilly Lane Limited t/a Card & Gift Network; LCB Depot, 31 Rutland Street, Leicester, LE1 1RE.

“Service”

means collectively any online facilities, tools, services or information that Piccadilly Lane Limited t/a Card & Gift Network makes available through the Website either now or in the future;

“System”

means any online communications infrastructure that Piccadilly Lane Limited t/a Card & Gift Network makes available through the Website either now or in the future.  This includes, but is not limited to, Listings, email addresses and online forms;

“User / Users”

means any third party that accesses the Website and is not employed by Piccadilly Lane Limited t/a Card & Gift Network and acting in the course of their employment; and

“Website”

means the website that you are currently using (www.cardandgiftnetwork.com) and any sub-domains of this site (e.g. subdomain www.cardandgiftnetwork.com/directory) unless expressly excluded by their own terms and conditions.

Intellectual Property

      1. Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Piccadilly Lane Limited t/a Card & Gift Network, or our affiliates.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
      2. You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Piccadilly Lane Limited t/a Card & Gift Network.  Specifically you agree that:
          1. You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Piccadilly Lane Limited t/a Card & Gift Network;

Third Party Intellectual Property

    1. The Intellectual Property Rights subsisting in the Content of Listings belong to the Listed Businesses to which those Listings pertain unless it is expressly stated otherwise.
    2. Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
    3. The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website.  The exceptions in Clause 4 continue to apply.

Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

Links to Other Websites

This Website may contain links to other sites including, but not limited to, those of Listed Businesses.  Unless expressly stated, these sites are not under the control of Piccadilly Lane Limited t/a Card & Gift Network or that of our affiliates.  We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Website

      1. Subject to the provisions of sub-Clause 6.2, those wishing to place a link to this Website on other sites may do so only to the home page of the site www.cardandgiftnetwork.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of <Piccadilly Lane Limited t/a Card & Gift Network.  To find out more please contact us by email at [email protected].
      2. Listed Businesses and their associates may place deep-links to their Listings on the Website.

Listing on the Website

    1. When submitting a Listing to the Website you should do so in accordance with the following rules:
        1. you must not use obscene or vulgar language;
        2. your Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to your business or industry).  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
        3. your Listing may not contain Content that is intended to promote or incite violence;
        4. your Listing should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other businesses;
        5. Listings must be made using the English language(s).  Content in any other language may be removed at our sole discretion;
        6. your Listing may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
        7. businesses of the following types may not be listed:
            1. businesses unrelated to the greetings card and giftware industries, or providing goods and / or services not utilised by the greetings card and giftware industries; to be judged at our sole discretion.
        8. you must not post links to other Websites containing any of the above types of Content;
        9. the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
        10. your Listing must be placed into the appropriate category;
        11. you must not impersonate other people or businesses;
        12. you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
        13. you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
    2. You acknowledge that Piccadilly Lane Limited t/a Card & Gift Network shall screen, approve (or reject), edit and/or remove any Listing submitted to the Website.
    3. Piccadilly Lane Limited t/a Card & Gift Network may edit your Listing to comply with the provisions of sub-Clause 7.1 without prior consultation.  In cases of severe breaches of the provisions of sub-Clause 7.1, your Listing may be removed and your Account may be suspended or terminated.  You will not be informed in writing of the reasons for any such alterations or removals.
    4. In order to submit a Listing, you are required to submit certain personal details and/or business details.  By continuing to use this Website you represent and warrant that:
        1. any information you submit is accurate and truthful; and
        2. you will keep this information accurate and up-to-date.
    5. By submitting a Listing you warrant and represent that you are the author of that Listing or that you have acquired all of the appropriate rights and / or permissions to submit it.  Piccadilly Lane Limited t/a Card & Gift Network accepts no responsibility or liability for any infringement of third party rights by such Listings or Content. Further, you waive all moral rights in the Listing to be named as its author and grant Piccadilly Lane Limited t/a Card & Gift Network a perpetual licence to modify the Content as necessary for its inclusion on the Website.
    6. Piccadilly Lane Limited t/a Card & Gift Network will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Listings, nor for any errors or omissions in Listings.  Use of and reliance upon Listings is entirely at your own risk.
    7. Nothing in these Terms and Conditions shall grant Piccadilly Lane Limited t/a Card & Gift Network any rights in or to any trade marks or any other intellectual property rights contained within your Listing or any part of it save for the right to display the same on the Website as part of your Listing until you or Piccadilly Lane Limited t/a Card & Gift Network choose to remove that Listing.
    8. You acknowledge that Piccadilly Lane Limited t/a Card & Gift Network may retain copies of any and all communications, information, Content and Listings sent to us or submitted to the Website.

Accounts and Listing Fees

    1. In order to post a Listing on this Website you must create an Account which will contain certain personal details.  By creating an Account you represent and warrant that:
        1. all information you submit is accurate and truthful; and
        2. you will keep this information accurate and up-to-date.
    2. Sharing of accounts is not permitted unless expressly authorised in writing by Piccadilly Lane Limited t/a Card & Gift Network.  You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
    3. A Listing Fee will be charged for each Listing you post on this Website.  Listing Fees are detailed here.  Your credit / debit card will be billed at the time of listing and thereafter in line with the listing package you have chose until cancellation or termination.
    4. Your first payment will be at the price advertised on the Website.  Piccadilly Lane Limited t/a Card & Gift Network reserve the right to change Listing Fees from time to time and any such changes may affect recurring Listing Fees:
        1. increases in price will be reflected in your recurring Listing Fees; and
        2. decreases in price will not be reflected in your recurring Listing Fees.
    5. Multiple Listings are permitted for each Account.  Each new Listing will incur the standard Listing Fee.
    6. If you terminate a Listing and/or your Account, your Listing(s) will be removed immediately and you will not be rebilled for either the cancelled Listing or all of your Listings, as appropriate.
    7. Listings which Piccadilly Lane Limited t/a Card & Gift Network rejects in accordance with sub-Clause 7.2 shall not be charged for.

Termination and/or Suspension

    1. In the event that any of the provisions of sub-Clause 7.1, above, are not followed, Piccadilly Lane Limited t/a Card & Gift Network reserves the right to suspend or terminate your access to the Service.  Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
    2. If Piccadilly Lane Limited t/a Card & Gift Network terminates or suspends your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.  If you have multiple Listings and not all are deleted, you will continue to be billed for those which remain active and will not be refunded for those which are deleted.

Privacy

    1. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link at the bottom of the website.
    2. The Website places cookies onto your computer or device.  These cookies are used for the purposes described herein.  Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy.  By accepting these terms and conditions, you are giving consent to Piccadilly Lane Limited t/a Card & Gift Network to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance
    3. If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu.  You may also wish to delete cookies which have already been placed.  For instructions on how to do this, please consult your internet browser’s help menu.

Disclaimers

      1. Piccadilly Lane Limited t/a Card & Gift Network makes no warranty or representation that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
      2. Save for the screening and approval of Listings, Piccadilly Lane Limited t/a Card & Gift Network has neither control over, nor involvement in, any Listed Business and accepts no responsibility for any actions taken, or any goods or services provided, by any Listed Business.
      3. Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Piccadilly Lane Limited t/a Card & Gift Network makes no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.
      4. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
      5. Piccadilly Lane Limited t/a Card & Gift Network makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
      6. Whilst every effort has been made to ensure that all descriptions of services available from Piccadilly Lane Limited t/a Card & Gift Network correspond to the actual services available, Piccadilly Lane Limited t/a Card & Gift Network is not responsible for any variations from these descriptions.
      7. Whilst Piccadilly Lane Limited t/a Card & Gift Network exercises all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
      8. If, as a result of Piccadilly Lane Limited t/a Card & Gift Network’s failure to exercise reasonable care and skill, any digital content from the Website damages the User’s device or other digital content belonging to the User, if the User is a consumer, they may be entitled to certain legal remedies.  For more details concerning consumer rights and remedies, Users are advised to contact their local Citizens Advice Bureau or Trading Standards Office.

Availability of the Website and Modifications

    1. Piccadilly Lane Limited t/a Card & Gift Network accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    2. Piccadilly Lane Limited t/a Card & Gift Network reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of 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) the Website or the use of or reliance upon any content included on the Website.
    2. To the fullest extent permissible by law, Piccadilly Lane Limited t/a Card & Gift Network excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.
    3. If the User is a commercial user, Piccadilly Lane Limited t/a Card & Gift Network accepts 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. Piccadilly Lane Limited t/a Card & Gift Network exercises all reasonable skill and care to ensure that the Website is free from viruses and other malware.  Subject to sub-Clause 11.8, Piccadilly Lane Limited t/a Card & Gift Network accepts 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 the User’s hardware, software, data or other material that occurs as a result of the User’s use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
    5. Piccadilly Lane Limited t/a Card & Gift Network neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the Website 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 Piccadilly Lane Limited t/a Card & Gift Network’s 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, Users should contact their local Citizens’ Advice Bureau or Trading Standards Office.
    7. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Piccadilly Lane Limited t/a Card & Gift Network.

Communications

      1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected].  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
      2. Piccadilly Lane Limited t/a Card & Gift Network may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us or email [email protected] and ask us to remove your email address.

Law and Jurisdiction

    1. These Terms and Conditions, and the relationship between the User and Piccadilly Lane Limited t/a Card & Gift Network (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    2. If the User is a consumer, any disputes concerning these Terms and Conditions, the relationship between the User and Piccadilly Lane Limited t/a Card & Gift Network, 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 the User’s residency.
    3. If the User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and Piccadilly Lane Limited t/a Card & Gift Network, 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
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