Terms & Conditions
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1. Definitions
Area: Portsmouth, Hampshire to include postcodes PO1-PO17
Area: Southampton, Hampshire to include all SO postcodes
Area: Reading, Berkshire to include all RG postcodes
Area: Brighton, East Sussex to include all BN postcodes
Area: Leeds, West Yorkshire to include all LS postcodes
Area: Bournemouth, Dorset to include all BH postcodes
Area: Bristol, Avon to include all BS postcodes
Area: Oxford, Oxfordshire to include all OX postcodes
Company: Cade Directories Limited (registered no. 5868356) registered office Holbrook Court, Cumberland Business Centre, Northumberland Road, Portsmouth, Hampshire, PO5 1DS
Contract: the Customer's order for Services and the Company's acceptance of it
Directory: means the 2007/08 annual on-line and CD-Rom directory of businesses trading in the Area to be produced by the Company CD-Rom version of which will be delivered to homes and businesses in the Area
Customer: the person, firm or company who purchases Services from the Company as identified in the Customer Order Form
Customer Order Form: the Company’s order form completed by the Customer either manually or on-line which form is included in the Quotation
Advertisement: the Customer’s advertisement to be placed in the Directory to be displayed either in the CD-ROM or on the internet version of the Directory or both as detailed in the Customer Order Form
Amendment: means any change of whatever nature either to do with the substance of the Advertisement, or the Artwork
Artwork: artwork relating to a Customer’s Advertisement supplied by the Customer
Intellectual Property Rights: copyright and related rights, trade marks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, rights in designs, and any other intellectual property rights
Services: the inclusion in the Directory of the Advertisement
Quotation: the Company’s written or on-line price quotation in relation to the provision of the Services issued to the Customer by the Company
Production Date: the date on which the CD-ROM version of the Directory is finalised and goes into production
Terms: means the standard terms and conditions set out in this document
2. Terms
2.1 These Terms shall apply and be incorporated into the Contract
2.2 The Customer Order Form constitutes an offer by the Customer to purchase the Services specified in it on these Terms. No offer placed by the Customer shall be accepted by the Company other than by a written or electronic communication acknowledgement issued by the Company
2.3 The quotation of the price for the Services contained in the Customer Order Form is valid for a period of 30 days from its date, provided that the Company has not previously withdrawn it.
3. Basis of sale
3.1 The Company will supply the Services to the Customer. The price for the Services shall be as set out in the Company’s Customer Order Form. The Customer will be responsible for supplying to the Company accurate text of the Advertisement and any related Artwork, immediately on the placing of the Customer’s order for Services.
3.2 The layout and placing position of the Advertisement in the Directory shall be at the Company’s sole discretion.
3.3 The Customer shall have the option to participate in the Company’s on-line Word of Mouth Rating scheme in which the Customer’s Clients can give on-line feedback in relation to service provided to them by the Customer. This feedback will be published to the public on-line by the Directory and whilst the Company shall use reasonable care to ensure that only legitimate feedback is published it accepts no liability what so ever in respect there of
4. Amendment
4.1 The Customer may amend the Advertisement in the on-line directory two times per annum at no extra charge. All further Amendments will be charged at the then Standard Rate. The form of the Customer Advertisement current at the Production Date will be incorporated in the CD–Rom version of the Directory.
4.2 It shall be the Customer’s responsibility to ensure the accuracy of the content of the Advertisement as specified in the Customer Order Form. If any Customer logo is to be incorporated the Customer shall be responsible for supplying it in a compatible format as required by the Company and for ensuring that it is the owner of the Intellectual Property in relation thereto. Final versions of the Advertisement shall not be submitted to the Customer for further verification once an Order has been placed.
4.3 Any Banner Advertising will be excluded and will be dealt with separately.
4.4 Amendments can be telephoned through but the Company accepts no liability as to the accuracy of any such changes requested.
5. Company's obligations
5.1 The Company will publish the Advertisement in the Directory.
5.2 Any Amendments made by the Company that are necessary in order to allow the Artwork or Advertisement to be inputted on the CD-ROM/ internet will be sent to the Customer for approval.
5.3 The Company reserves the right in absolute discretion to refuse to publish an Advertisement submitted to it or to remove an Advertisement from the Directory in the event of it coming to its notice that the Advertisement is illegal, misleading, offensive or inflammatory or in breach of any third parties rights.
6. Customer's obligations
6.1 If the Customer fails to provide the Company with everything required or the material supplied is not of the quality needed then the Company shall be under no obligation to publish the Advertisement.
6.2 The Customer shall ensure that the Advertisement complies with all necessary and applicable legislation and regulations.
6.3 The final of the Artwork and Advertisement must be proof read by the Customer; the Company will accept no liability for any mis-spelling or inaccuracies.
6.4 If the Company's performance of its obligations under this agreement is prevented or delayed by any act or omission of the Customer, the Company shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
6.5 The Customer shall keep the Company indemnified from all losses claims and expenses suffered by the Company as a result of the Advertisement.
7. Charges and payment
7.1 Charges for the Services are as per the Company Customer Order Form and are payable in two instalment amounts as stated therein.
7.2 Charges will be paid in two instalments with the second instalment being payable 14 days before the Production. The Customer hereby authorises the Company to deduct the second instalment from the credit card or other account without further reference to it.
8. Intellectual property rights
8.1 The Customer warrants it is the authorised owner of all Intellectual Property in relation to the Advertisement and hereby licenses the Company to use the Intellectual Property in relation to the placing of the Advertisement in the Directory.
9. Limitation of liability
9.1 The Company does not exclude or restrict any liability to the Customer for death or personal injury attributable to its own negligence or that of its employees or agents.
9.2 The Company shall exercise reasonable skill and care in the provision of the Services.
9.3 Except as stated expressly otherwise in these terms, in relation to the provision of Services the Company shall have no obligation, duty or liability in or for contract, tort (including negligence and breach of statutory duty) or otherwise and all other conditions, warranties, terms representations and undertaking, express or implied (whether they are implied by statute, common law or in any other way) are excluded to the fullest extent permitted by law.
9.4 The Company shall not be liable for any indirect or consequential losses, damage or expenses suffered by the Customer including (but not limited) loss of anticipated sales profits or savings, goodwill, business contracts or losses resulting from third party claims.
10. Data protection
The Customer acknowledges and agrees that details of the Customer's name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the Company in connection with the Services.
11. Force majeure
The Company shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control.
12. Governing law and jurisdiction
12.1 This Contract shall be governed by, and construed in accordance with, the law of England and its Courts shall have exclusive jurisdiction.
The following terms and conditions will apply to this prize draw:
1. The competition is open to UK residents only.
2. The competition is only open to people aged 18 or over.
3. Participants must have a valid email and postal address to participate.
4. Participants must supply full details as required by the entry form. No responsibility is accepted for ineligible or fraudulent entries.
5. Information provided by Participants in registering for this competition will be used by The Disc Directory in relation to their privacy policy. For more information, click here.
6. This competition is not open to employees or contractors of The Disc Directory or any person directly or indirectly involved in the organisation or running of the competition or their direct family members.
7. Each Participant can enter only once.
8. This prize draw closes on Monday 16th July 2007. Notification of winning: the winner will be sent an email providing further information about the prize and how to claim it on Monday 16th July 2007. Winners will be required to confirm acceptance of the prize by replying to the email within 7 days of this date.
9. If a winner does not confirm acceptance of the prize within 7 days, they will automatically forego the rights to claim for the prize and a new winner will be chosen.
10. The winner agrees to the use of their name and image in any promotional activity following the competition.
The prize
1. The prize is a Sony Playstation 3 to the winning name & address as supplied on the registration form.
2. This competition is organised by Cade Directories, Registered Address Holbrook Court, Cumberland Business Centre, Northumberland Road, Portsmouth, Hampshire, PO5 1DS. Registered in England and Wales. Company No. 05868356
3. It is governed by the laws of England.
4. No purchase is necessary to take part in this competition.
Cade Directories Ltd - terms and conditions
1. Cade Directories Ltd reserve the right to withdraw or amend any offer, at any time, without notice.
2. Any queries regarding the offer should be made to info@thediscdirectory.co.uk