Terms & Conditions applying to Quoakle websites and services

We are Community Pixels.net Limited of Laburnum House, Oakle Street, Churcham, Gloucester, GL2 8AG. We are registered in England and Wales under company number 05919031. Our VAT registration number is 908 632320.

These Terms & Conditions (“Terms”) (together with the documents referred to on it) tells you the terms and conditions on which we make available this website and, our other websites, and our services to you.

In these Terms, “we”, “us” and “our” means Community Pixels.net Limited. “You” and “your” means you, the person or organisation using our websites or services.

Please read these Terms carefully before using any of our websites or any of our services. If you do not agree with these Terms, do not use our websites or our services. You should understand that by using any of our services, you agree to be bound by these Terms.

You should print a copy of these Terms for future reference.

If you want to consider how we process data about you, please read our privacy policy.

The rest of these Terms are divided into two parts:

PART A: TERMS APPLYING TO OUR SERVICES

1. Terms specific to advertising on Quoakle websites:

1.1 When a contract comes into force and the advert creation process begins

1.1.1 We will send you an initial email about advertising on the website and setting out our charges. A contract comes into force when you reply to the email confirming that you wish to advertise on the website.

1.1.2 After the contract has come into force, we will discuss with you your requirements for the advert, including the size of the advert (this affects the advertising charges payable by you).

1.1.3 After that discussion, we will create your advert within 2 weeks and upload it to the website. Any subsequent changes to the advert will by discussion and agreement between us and you.

1.1.4 We reserve the right to remove, without notifying you, any advertisement that is obscene, offensive, unlawful, or could otherwise harm our reputation.

1.2 Our charges for adverts and the 3 month trial period

1.2.1 Our initial email sets out the standard charges that currently apply to adverts on the website. The charges that apply to your advert will depend on the size of the adverts that you request be placed on the website, something that we agree with you during the advert creation process described in paragraph 1.1 above. We may revise our charges from time to time, by sending you an email with our new charges. The revised charges come into force 1 calendar month after we send the email, unless the email gives a different time period.

1.2.2 We provide a 3 month free trial of the website advert. This means that, for a period of 3 calendar months starting on the day on which we first upload your advert to the website, you will pay no charges for the advert. After the 3 month period expires, our monthly charges will start to be payable by you.

1.3. Payment

1.3.1 You can either pay by cheque or standing order. Our charges for adverts are different depending on your method of payment, as described elsewhere in this email and any email setting out revised charges that we set out.send out.

1.3.2 If you pay by cheque, payment is up-front at the start of every year (and we require the cheque to be paid before the start of your 3 month trial).

1.3.3 If you pay by standing order:

1.3.3.1 you authorise us to deduct your charges every month from your bank account using that standing order, at a time of the month of your choosing;

1.3.3.2 if we give you notice of an increase in our charges, you will promptly amend your standing order so that the increased amount is paid to us;

1.3.3.3 if you are going to cancel the standing order, you must give us at least 1 calendar month's advance notice of cancellation by emailing [email protected];

1.3.3.4 if you cancel your contract with us (in accordance with paragraph 1.4 below), it is your responsibility to also cancel your standing order.

1.4 Cancellation

1.4.1 Either you or we can cancel the contract at any time by giving 1 calendar month's notice. You must send notice to [email protected] We will send notice to the email address that we have on record for you.

1.4.2 You will be liable for all charges due until the date on which cancellation is effective.

1.4.3 If you have paid by cheque and cancellation means that you have unused months of advert charges, we will refund you any charges you have paid for the months after cancellation on a pro-rata basis within a reasonable time of cancellation, by a payment method of our choosing.

2. SERVICE AVAILABILITY

Our services are only intended for use by people resident in England & Wales. If you are outside those countries, you can browse our sites but you cannot order services from us.

3. YOUR STATUS

By placing entering into any contract with us, you warrant that:

4. CONSUMER RIGHTS

4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you ordered the services. Currently, we only provide services, not goods. However, if there is a Contract for goods, you may cancel the Contract within 7 days of the date on which the goods were delivered to you. In both cases, you will receive a full refund of the price paid for the services.

4.2 To cancel a Contract, you must inform us in writing. Where the Contract is for Goods, you must also and return the service(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.

4.3 You will not have any right to cancel a Contract for the supply of any services where, with your agreement, we began performing the service within the cancellation period and before receiving your request to cancel. In this situation, we will consider that you agree to us beginning the service where the Order Confirmation states that we will begin the service within the 7 day period and you do not contact us to request that the service is begun after that period expires. Where you order goods, the right to cancel does not apply to any goods that are customised or made to your specification.

4.4 Details of this right to cancel, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.

5. RISK, AND TITLE AND LICENCE

5.1 Any goods (including digital goods such as Quoakle cards) that you order will be at your risk from the time of delivery. Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the services, including delivery charges.

5.2 For any services, we will own the intellectual property rights in any materials (including electronic materials such as graphics) produced and delivered to you as part of those services. We will grant you a non-exclusive licence to use those materials for your internal business purposes from the time of delivery. Unless the Order Confirmation states otherwise, the licence will be perpetual and you will not be able to transfer, assign or sub-licence the materials.

5.3 If you provide to us any materials (including electronically, such as graphics), you warrant that you have the right to do so. If we are to use those materials as part of a service to you, you warrant that we are able to do so without infringing any third party rights.

6. OUR LIABILITY

6.1 We warrant to you that any service purchased from us through our site is of satisfactory quality.

6.2 Our liability in connection with any service purchased through our site is strictly limited to the purchase price of that service.

6.3 This does not include or limit in any way our liability:

6.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

7. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

8. NOTICES

All notices given by you to us must be given to Community Pixels.net Limited at Laburnum House, Oakle Street, Churcham, Gloucester. GL2 8AG. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to show, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

9. TRANSFER OF RIGHTS AND OBLIGATIONS

9.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

9.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

10. EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

11 WAIVER

11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

12.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above.

12. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

13. ENTIRE AGREEMENT

13.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

13.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

13.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

14.1 We have the right to revise and amend these terms and conditions from time to time.

14.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the services).

15. LAW AND JURISDICTION

Contracts for the purchase of services or goods through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.

PART B: TERMS OF USE OF WEBSITE

1. TERMS OF WEBSITE USE

These are the terms of use on which you may make use of our websites (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

2. ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

3. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

5. OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

6. OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

7. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

8. UPLOADING MATERIAL TO OUR SITE

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

9. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

10. LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]

11. LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

12. JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

13. TRADE MARKS

“Quoakle” is a registered Trademark of Community Pixels.net Limited

14. VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

15. YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact [email protected] Thank you for visiting our site.

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our site. This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

You also agree:

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Contributions must not:

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Summary privacy policy

Community Pixels.net Limited (also known as and trading as Quoakle) is committed to protecting and respecting your privacy. This is a summary of the privacy policy for our websites. You can view the full policy here.

In this policy, we call the website “the website” or “our site” and we refer to Community Pixels.net Limited as “we” “us” and “our”.

By using the website, you consent to the collection, use and transfer of your information under the terms of the full privacy policy.

Who has access to your information

We are the data controller.

Information we collect and use

Your choice – cookies and marketing emails

Other points about privacy