These conditions were last amended in September 2014 and relate to your use and access of our sites, network and content.
Your use of the Website/s and your use and/or purchase of Cade Directories’ Products and Services whether accessed via the Website/s or any other Device is at all times subject to these Terms and Conditions as applicable (which forms a legally binding contract between you and us) and all applicable laws.
By accessing this Website or using and/or purchasing Cade Directories’ Products and Services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Website and do not use and/or purchase Cade Directories’ Products and Services.
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website/s and your use and/or purchase of Cade Directories’ Products and Services will be the version that is current and displayed on this Website/s as at each date you access this Website/s or use and/or purchase Cade Directories’ Products and Services (as applicable). Your use of the Website/s or your use and/or purchase of Cade Directories’ Products and Services after changes are made means that you agree to be bound by such changes.
You can find the specific details regarding your registration/account with Cade Directories Limited including your renewal date, at any time by contacting us at the above address.
To use or purchase any of the Cade Directories’ Products and Services, as a minimum:
If you change business address or any other relevant contact details, you must notify us of your address details to ensure that the correct details are held and used by us.
We may refuse any request to use our service or purchase any of Cade Directories’ Products and Services for any reason whatsoever. Please note that by supplying your telephone number on registering with us you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.
Provided that you meet the Minimum Criteria (see clause 2 (Joining Us – Minimum Criteria) above), you may register your business with Cade Directories on the Website/s free of charge (a “Registrant”). To become a Registrant you need to go to the relevant section of this Website/s, then submit your business details to be used. You are responsible for maintaining the confidentiality of your account and any password and for restricting access to your computer.
As a Registrant you will receive access to certain sections, features and functions of the Website/s that are not available to non-registrants. After you have become a Customer of Cade Directories, you may also subscribe to use and/or purchase Cade Directories’ Products and Services. Please note that there are additional Terms and Conditions that apply to your use and/or purchase of such Cade Directories’ Products and Services.
Cade Directories’ Products and Services include:
Any terms and conditions, additional usage rules or similar on this Website/s or on a Device relating to any Cade Directories’ Product and Service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of Cade Directories’ Products and Services. We will notify customers by email at least 30 days in advance of any such change. If you do not agree to the change, you may cancel the service we provide to you in writing at least 30 days in advance at the following address: Cade Directories Limited, The Green Barn, Shedfield Equestrian Centre, Botley Road, Shedfield, Hampshire SO32 2HN or by email: [email protected]
Free registration on our Website/s is available to any UK based business but is limited in terms that our sole responsibility to you is to publish your business details on our Website/s. Its inclusion is at our sole discretion and can be removed at any time without further notice to you.
You may change your free Website/s business listing once in any 12 month period. Any additional, subsequent changes to your listing are solely at our discretion.
As a customer to Cade Directories, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of Cade Directories. The subscription charges for the Cade Directories Paid For Service will be charged on the on the first day you subscribe to the Cade Directories Paid For Service; and, from then on, on the calendar day corresponding to the commencement of your subscription (each, a “Subscription Renewal Date”). This charge will continue on each Subscription Renewal Date thereafter unless and until you cancel, and regardless of how much you use the service. We will automatically charge you, using your specified payment method, each period (monthly unless otherwise specified) (your “Subscription Month”) on or after your Subscription Renewal Date. All fees and charges are non-refundable. If you wish to use a different payment method, or if there is a change in your card validity or expiry date, please notify us immediately. We do not provide refunds for cancellations part-way through the billing period. Please note that should your account fall into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a £25 ex VAT) handling charge for all such cases. You agree not to hold us responsible for banking charges incurred due to payments on your account.
You may upgrade or downgrade your Cade Directories Paid For Service level by contacting us directly either in writing or by telephone. Any upgrade or downgrade of the Paid For Services is measured by the features of those different services, not by the different monthly costs you are changing from and to. Any reduction in your bill resulting from a downgrade will take effect at the next billing period after certain criteria (agreed in advance) has been met. Any increase in your bill resulting from an upgrade will take effect immediately, being pro-rated to the remainder of your billing period, and the increase will be charged immediately (without changing any subsequent billing dates). Additional charges, resulting from an upgrade, are non-refundable.
All of our Paid For Service packages allow you to have an acceptable (as deemed by us) number of feedback cards/reviews managed by us in a monthly period. Once you have reached that maximum number of reviews, we will assess the level of your account activity and decide whether there is a requirement to upgrade your account.
From time to time, if you have an introductory package (i.e. a package that only allows you a certain number of feedback cards in any one Subscription period), we may give you the option to purchase extra feedback cards to use; please contact us to find out if this option is available to you. Extra feedback cards cannot be cancelled after purchase and will not be refunded if your subscription ends for any reason.
We may from time to time offer an Introductory Service, which allows you to trial the service subject to pre-defined restrictions.
As an Introductory Service customer, you agree that we are permitted to charge you immediately for the service and any other charges that you may incur in connection with your use of the Introductory Service. The fee will be billed up front.
All fees and charges are non-refundable, with the exception of any money back guarantee offer. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
You may request more feedback cards whenever you like.
If you change to a higher package, the changes to your account will take place once your card has been verified and you will be charged at this point at the upgraded package price. The Upgraded service will be actioned by us as soon as possible.
This clause applies to the cancellation of Introductory packages. You may cancel your subscription of the Introductory Service at any time. Cancellation requests may only be submitted in writing, and we may require to contact you to proceed with the cancellation via telephone. This activity will be tracked on your account history. Immediately on cancellation, no further aspect of our service will be available to you. We are unable to accept or guarantee initial cancellation requests via email.
We do not provide refunds or credits with the exception of a specified guarantee offer.
Feedback cards can only be delivered to addresses within the United Kingdom (including Northern Ireland addresses); this excludes PO Box addresses.
We currently use a third party, prepaid postage, to deliver the Feedback cards you have ordered. Actual delivery times may vary for you depending on our providers, your delivery address, when you become a customer.
We reserve the right to use alternative delivery methods without prior notification.
We will endeavour to ship your Feedback cards within 15 business days of receiving your approval and payment. You will not hold us responsible for any delays, outside our control, which relate to the mailing or delivery.
You must wait a minimum of four working days before reporting Feedback cards as not received from us. It is your responsibility to notify us if you have not received these. We are unable to offer a refund for any Feedback cards which are paid for by you and then found at a later date. You must comply with either Third Party claim compensation process or our process. Failure to comply with these processes, as amended from time to time. We reserve the right to cancel your subscription if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
You agree that you will not infringe any rights, including intellectual property rights, of any person, including, without limitation, copying, reproducing, republishing or otherwise modifying any material provided as part of the Service. You must use the Feedback cards strictly for the business name as set up and not for any other direct or indirect commercial purpose. You may not use in a manner inconsistent with the purpose of the Feedback cards or commercially exploit any Cade Directories’ Products and or Services in any way at any time.
Your subscription to the Paid For Service is a rolling monthly term. Thereafter it will, subject to this clause 9, automatically renewing each month until cancelled by either party in writing.
Unless other contractual agreements are in place, you may cancel your Paid For Service for Cade Directories service at any time. To cancel, you must notify us by writing with at least 30 days notice to: Cade Directories Limited, The Green Barn, Shedfield Equestrian Centre, Botley Road, Shedfield, Hampshire SO32 2HN. We may require you to confirm cancellation via telephone. Upon requesting cancellation, we are not obligated to provide any further aspect of the service to you.
Please note that it is the customer’s responsibility to ensure that Feedback cards are not used further, before the cancellation will be confirmed.
We reserve the right to charge a postage cost of up to £5 for any Feedback cards received by us after the service has been cancelled.
Please note we do not provide refunds or credits for any partial Subscription Months.
If you have just signed up to Cade Directories and have changed your mind about subscribing to the Paid For service, you may in certain circumstances have a legal right to cancel before the service starts and receive a full refund of your subscription fee. This cancellation option is not available to you if we have already assigned any aspect of the Paid For Service to you. If you are eligible to cancel in this manner, you may do so in accordance with the cancellation instructions in this clause 9 (Cancellation by you and Termination by us). In order to arrange a refund, you will then also need to contact us to advise us that you have cancelled and to request a refund of your subscription fee. Once you have completed these steps, we will cancel your subscription and process your refund.
We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice. If we terminate your use of our service for any other reason or no given reason, then we would give you 30 days notice of termination and would expect you to cease using any aspect of our service within the 30 day notice period. In this event failure to continue using the Feedback cards within the notice period would incur charges, as described under clause 9.2 above.
From time to time, we may offer discounted subscriptions for purchase on the Website/s. Discounted subscriptions can only be used for the package specified. The package will state what is included included and neither refundable nor transferable.
Discounted offers cannot be used in conjunction with any other discount, offer or promotion. Nor are they redeemable for cash, and are neither refundable nor transferable. Discounted offers are subject to these Terms and Conditions. The recipient can redeem the subscription by entering the offer code during the new account signup process. The validity period of the offer will vary depending on what package is selected.
If the recipient is already a Cade Directories customer and their existing package has a lower value than their discounted offer, then they will be given the choice of upgrading to the offer package for the duration of the offer on a ‘like for like’ basis.
This section sets out the terms and conditions of our On-line service, which allows you to stream your reviews, web feedback and other content (“Feedback”) to your website, emails, social media or other authorized device capable of receiving it (a “Device”). When we use the word Device we include any service, guide, portal or gateway integrated with that Device. Where use of a Device requires you to download any software which we provide to you, our End User License Agreement will apply to your download and use of that software,
Not all feedback services are available on our On-line service and may not contain all the same features. The quality of the display of the On-line Service may vary from Device to Device, and may be affected by a variety of factors, such as the coding and functionality of your website. Cade Directories makes no representations about the quality of your On-line services display.
We may withdraw the On-line functionality entirely from our service or from any package or category of users. We may also limit, condition, terminate, charge for or otherwise modify your use of the On-line service at anytime without notice; provided however, we will give you notice before we institute any additional charges for the On-line service or any part of it. You acknowledge that due to requirements or requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all feedback functions may not be viewed, or may cease being viewable, on our On-line service at all or on some or all Devices.
Your ability to use the on-line service will depend on you having the necessary equipment, systems and connectivity. Before you use this service, you must ensure that you have all necessary equipment, systems and connectivity to utilise all of our features properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to display the features.
You acknowledge that the availability of the On-line service and may be affected by internet traffic congestion or by other network, ISP, electronic, computer or other communication problems or failures and that we are not responsible for the failure of any feedback features to stream or to continue streaming due to any such congestion, problem or failure.
You acknowledge all intellectual property and other rights in the service we provide are owned by us or our licensors. Accordingly, you undertake that:
You acknowledge that, in addition to any rights that we or licensors have (including those pursuant to clause 14, any breach of these Terms and Conditions will entitle us to terminate your use of the service immediately and without notice. You specifically acknowledge our licensors have the right to directly enforce relevant provisions within these Terms and Conditions against you. We reserve the right to change, suspend, or cease the on-line Service, or any part of it at any time and without notice to you. In particular, we reserve the right to remove your business from our on-line service. You agree that, except for a reasonable refund, we will not be liable to you if we exercise those rights, suspension or cessation.
You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website/s. You agree not to interfere with the servers or networks underlying or connected to this Website/s or our services or to violate any of the procedures, policies or regulations of networks connected to the Website/s.
You agree not to impersonate any other person or business while using the Website/s, conduct yourself in an offensive manner while using the Website/s, or use the Website/s for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, Cade Directories will place a ‘cookie’ (a small text file) on any computer you use to access The Disc Directory website. When you revisit The Disc Directory website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
All materials (including software and content whether downloaded or not) contained on the Website or the on-line Service are owned by Cade Directories (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from the Website or the on-line Service to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain content on the Website/s, on the on-line Service provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.
Working Feedback, The Disc Directory, and all other Cade Directories’ product or service marks are trade marks of Cade Directories Limited. All other trade marks, logos, images, product and company names displayed or referred to on the Website/s or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.
The Website/s or other Cade Directories’ Products and Services may let you submit material to us: for example, you can review other businesses. You may be able to upload video, images or sounds. In these Terms and Conditions, we use the term “User Material” to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you become a customer or when you subsequently change that information.
This clause 15 (User Material) of these Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these Terms and Conditions, then you should not do so.
We do not systematically review User Material submitted by users. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Website/s or any of Cade Directories’ Products and Services, particularly where User Material breaches this clause 15 (User Material) of these Terms and Conditions and we may do this with or without giving you any prior notice.
We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to Cade Directories an irrevocable, perpetual, non-exclusive, royalty-free, sublicensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media. The license you grant us will terminate when your User Material is removed from our website/s.
We may link User Material or parts of User Material to other material, including material submitted by other users or created by Cade Directories and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on the Website or to promote, market or advertise Working Feedback. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
Each time you submit User Material to us, you represent and warrant to us as follows:
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability; (b) the privacy practices, (c) the content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of; these websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
Any promotion code or offer provided on the Website/s or via any Device cannot be used in conjunction with any other promotion code or offer, past or present.
You agree to indemnify and hold Cade Directories, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, including clause 15 (User Material) or any violation by you of any applicable laws or the rights of any third party.
(a) Nothing in this clause 17.4 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit Cade Directories’ liability for:
(b) The Website and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Website or its content. We assume no liability or responsibility for any errors or omissions in the content of the Website, any failures, delays, or interruptions in the shipment of printed materials, or our provision of the on-line Service. Subject to clause 17.4(a), we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
(c) Subject to clause 17.4(a), in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this clause 17.4(c) to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
(d) Subject to clauses 17.4(a), 17.4 (b) and 17.4(c) our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the Website, or any website content or your use of Cade Directories’ Products and Services shall not exceed in aggregate the total amount paid by you to us in respect of Cade Directories’ Products and Services in the 12 months preceding any such claim.
The website and Cade Directories’ Products and Services are controlled by Cade Directories’ Limited. Your use and/or purchase of the Website or Cade Directories’ Products and Services is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from or in connection with your use of the website and/or your use and/or purchase of Cade Directories’ Products and Services we provide are subject to the non-exclusive jurisdiction of the English courts.
You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party.
Cade Directories’ services, subscriptions and your other rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website or any of Cade Directories’ Products and Services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
Subject to clauses 14.1, 17.3 and 17.4, and excluding the provisions of clause 3.1.2 which confers a benefits on third parties and licensors as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999. In accordance with clause 1.2, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.
In these Terms and Conditions, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
All correspondence to Working Feedback, including any queries you may have regarding your use of the Website, your use and/or purchase of Cade Directories’ products and services or these Terms and Conditions, should be sent to the address set out in clause 1. Cade Directories’ registered office is located at 1A The Old Greenhouse, Shedfield Equestrian Centre, Botley Road, Shedfield, Hampshire, SO32 2HN and its VAT number is 892 1230 33.