Terms and Conditions of Website Usage
(Last Updated: 2014)
This Agreement applies as between you, the User of this Web Site and Cadline Limited, the owner(s) and operators of the Web Site (defined below). Your use of the Web Site is subject to the terms and conditions of this Agreement. By using the Web Site you will be deemed to have accepted and agreed to be bound by the terms and conditions of this Agreement. Cadline Limited may make changes to this Agreement from time to time. Cadline Limited may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Web Site. You can determine when Cadline Limited last changed this Agreement by referring to the “Last Updated” statement above. Your use of the Web Site following changes to this Agreement will constitute your acceptance of those changes. If you do not agree to be bound by the terms and conditions of this Agreement (or any revision of it), you should stop using the Web Site immediately.
1. DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:
“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 Web Site;
“Cadline Limited” – means Cadline Limited whose registered address is Cadline House, Drake Avenue, Staines-upon-Thames, Middlesex, TW18 2AP;
“Service” – means collectively any online facilities, tools, services or information that Cadline Limited makes available through the Web Site either now or in the future;
“System” – means any online communications infrastructure that Cadline Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” – means any third party that accesses the Web Site and is not employed by Cadline Limited and acting in the course of their employment; and
“Web Site(s)” – means the Cadline Limited web site (www.cadline.co.uk) or the Cadline Community web site (www.cadlinecommunity.co.uk) and any sub-domains of these sites unless expressly excluded by their own terms and conditions together with any Service or System available or provided through them
2. INTELLECTUAL PROPERTY
2.1 All Content included on the Web Site, unless uploaded by Users, 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 Cadline Limited, its affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Cadline Limited.
2.3 Material from the Web Site 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.
3. LINKS TO OTHER WEB SITES
The Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Cadline Limited or that of its affiliates. Cadline Limited assumes no responsibility for the content of such web sites 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 the Web Site does not imply any endorsement of the sites themselves or of those in control of them.
4. LINKS TO THE WEB SITE
4.1 Those wishing to place a link to the Web Site on other sites may do so only to the home page of the site www.Cadline.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Cadline Limited. To find out more please contact Cadline Limited by email at web.manager@Cadline.co.uk. In respect of any such link you make to the Web Site, Cadline Limited reserves the right to block it at any time. Additionally, you agree that you will disable and remove any such link promptly upon Cadline Limited’s request.
4.2 Any link you create to the Web Site must:
4.2.1 be fair and legal and not presented in a way that is:
126.96.36.199 misleading or could suggest any type of association, approval or endorsement by Cadline Limited that does not exist, or
188.8.131.52 harmful to our reputation or the reputation of any of Cadline Limited’s affiliates;
4.2.2 be capable of immediate removal at any time by you, following a request from Cadline Limited to do so, and you must retain the legal right and technical ability to carry out such removal;
4.2.3 not cause this Web Site or any Content on it to be:
184.108.40.206 embedded in or ‘framed’ by any other website, or
220.127.116.11 otherwise displayed in a way different to the way originally intended by us.
4.3 Cadline Limited reserves the right to require you to immediately remove any link to the Web Site at any time and you shall immediately comply with any request by Cadline Limited to remove any such link.
6.1 You are responsible for all access to the Web Site using your internet connection, even if the access is by another person.
6.2 Cadline Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of it.
6.3 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
7. AVAILABILITY OF THE WEB SITE AND LIMITATION OF LIABILITY
7.1 Cadline Limited will use reasonable efforts to ensure that the Web Site is available at all times. However, it cannot guarantee that the Web Site or any individual function or feature of the Web Site will always be available and/or error free. In particular, the Web Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Web Site.
7.2 The Web Site is provided “as is” and on an “as available” basis. Cadline Limited gives no warranty and makes no representations that it will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality and further (again to the maximum extent permitted by law) Cadline Limited expressly excludes:
7.2.1 all conditions, warranties and other terms that might otherwise be implied by law into this Agreement;
7.2.2 any and all liability to you, whether arising under this Agreement or otherwise in connection with your use of the Web Site or any information contained therein.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind including (without limitation) compensatory, direct, indirect or consequential damages, special or exemplary damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in this Agreement is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limited (site owner) liability to you for death or personal injury resulting from Cadline Limited’s negligence or that of its employees or agents
7.3 Subject to the other provisions of this clause 7, Cadline Limited accepts no liability for any disruption or non-availability of the Web Site 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.
7.4 Cadline Limited reserves the right to restrict your access to the Web Site or part of it. Access to restricted areas of the Web Site may be subject to registration and other conditions. If Cadline Limited grants you permission to access a restricted area, it may withdraw that permission at any time (including where you breach any of the terms of this Agreement).
7.5 Every effort has been made to ensure that this Agreement adheres strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of the terms of this Agreement are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from this Agreement and shall not affect the validity and enforceability of the remaining terms and conditions of it.
8. YOUR USE OF THE WEBSITE
8.1 Your permission to use the Web Site is personal to you and non-transferable. Your use of the Web Site is conditional on your compliance with the rules of conduct set out in this Agreement and you agree that you will not:
8.1.1 use the Web Site for any fraudulent or unlawful purpose;
8.1.2 use the Web Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
8.1.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Web Site; or express or imply that we endorse any statement you make;
8.1.4 interfere with or disrupt the operation of the Web Site or the servers or networks used to make the Web Site available; or violate any requirements, procedures, policies or regulations of such networks;
8.1.5 transmit or otherwise make available in connection with the Web Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
8.1.6 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Web Site;
8.1.7 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Web Site. If you wish to reverse engineer any part of the Web Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
8.1.8 remove any copyright, trade mark or other proprietary rights notice from the Web Site or materials originating from the Web Site;
8.1.9 frame or mirror any part of the Web Site without Cadline Limited’s express prior written consent;
8.1.10 create a database by systematically downloading and storing Content;
8.1.11 use any manual or automatic device in any way to gather Content or reproduce or circumvent the navigational structure or presentation of the Web Site without Cadline Limited’s express prior written consent. Notwithstanding the foregoing, Cadline Limited grants the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Web Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
Cadline Limited reserves the right to revoke these exceptions either generally or in specific instances.
8.1.12 The Web Site may provide links to other websites and online resources. Cadline Limited is not responsible for and does not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
9. NO WAIVER
In the event that Cadline Limited fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between this Agreement and any prior versions thereof, the provisions of this Agreement shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to Cadline Limited either by registered post to our premises (see address above) or by email to firstname.lastname@example.org. 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.
12. LAW AND JURISDICTION
This Agreement and the relationship between you and Cadline Limited shall be governed by and construed in accordance with the Law of England and Wales and Cadline Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.