Terms and conditions

Mailshot Maker Terms and Conditions

Last updated: April 2016

Royal Mail Group Ltd ("Royal Mail", "we", "our" and "us") is a company registered in England and Wales at 100 Victoria Embankment, London EC4Y 0HQ and with company number 4138203. To contact Royal Mail please call 08452 661045 or email mailshotmaker@your.royalmail.com.

These terms and conditions, together with the Mailshot Maker Website terms of use (found at mailshotmaker.royalmail.com/terms-of-use/), our Privacy Policy (found  at mailshotmaker.royalmail.com/privacy-policy) and our Cookies Policy (found at mailshotmaker.royalmail.com/cookies-policy/) are entered into between you and Royal Mail and govern your use of Mailshot Maker (as defined below). Please note that we do not store a copy of these terms and conditions against your name, therefore, we recommend that you retain a copy of these terms and conditions for future reference.

Definitions

In these terms and conditions, unless the context requires otherwise:

Consumer means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession

Mailshot means the specific item ordered on the Mailshot Maker Website

Mailshot Maker means the services provided by Royal Mail through the Mailshot Maker Website

Mailshot Maker Website means the website located at www.mailshotmaker.com and associated links

Royal Mail Stock Items means the images and fonts made available on the Mailshot Maker Website for use by you in Mailshot Maker

Terms means these terms and conditions

References to "you" or "your" means you the customer.

  1. General

a)         Clauses 3.e) and 6.f) do not apply to Consumers. While the Mailshot Maker Website allows you to use certain functionality on the website, your use of Mailshot Maker signifies your acceptance of these Terms, Mailshot Maker Website terms of use (found at mailshotmaker.royalmail.com/terms-of-use/), our Privacy Policy (found at mailshotmaker.royalmail.com/privacy-policy) and our Cookies Policy (found at mailshotmaker.royalmail.com/cookies-policy/) in force at the time of use.  

b)        Royal Mail reserves the right to change these Terms at any time and we will email you if we make changes. However, we also recommend that you check the Terms for changes each time you use the Mailshot Maker Website. If we make changes , we will make the date of their implementation clear (see top left). You may choose to cancel your Mailshots account with Royal Mail if you do not wish to be bound by any updated Terms. Mailshot orders which have already been placed will continue to be governed by the Terms in force at the time you made the order

  1. Your account

a)         You will need to create an account if you would like to save your Mailshot or place an order to have your Mailshot printed and delivered. When you create an account you will need to provide Royal Mail with your details. You agree to provide accurate and complete information when registering an account with Royal Mail and you are responsible for updating the information we hold about you.

b)        You will be sent an email to confirm the creation of your account. The confirmation email will include a copy of these Terms.

c)         There is no minimum duration for your Mailshots account – you may close it any time by contacting the helpdesk on 08452 661045 or email mailshotmaker@your.royalmail.com. If you cancel your account you will lose any Mailshot designs you have previously saved. Mailshot orders which have already been placed will continue to be governed by the Terms in force at the time you made the order and we will continue to process any active orders even if you subsequently close your account.

  1. Mailing lists

a)         In addition to clause 1.a), If you choose to place an order you will enter into a contract with us for the production and mailing of the Mailshot, as designed, and for payment at the stated price. In doing so you agree to comply with and to be bound by these Terms, Mailshot Maker Website terms of use (found at mailshotmaker.royalmail.com/terms-of-use/) and our Privacy Policy (found at mailshotmaker.royalmail.com/privacy-policy).

b)        You may choose to upload your own address mailing list ("Uploaded List") to specify the people to whom you want your Mailshot to be sent. In addition, or as an alternative, you may purchase an address mailing list ("Licensed List")from Royal Mail on the Mailshot Maker Website. A Licensed List may be used for a single Mailshot order only, and cannot be reused unless you choose to purchase the same list again for subsequent orders.  You may also choose to refine your Licensed List by using the category filters made available on the Mailshot Maker Website. However, Royal Mail cannot guarantee that the filters you choose have been accurately applied to the Licensed List and cannot guarantee that the Licensed List contains only occupied addresses.

c)         If you choose to send your Mailshot to addresses using both an Uploaded List and a Licensed List in one transaction you will not be charged for purchasing any addresses which are duplicated across the two lists and Royal Mail will only send a single Mailshot to that address. If the same address is described differently in the Uploaded List and the Licensed List (for example, if one list uses a house name and the other uses a house number) this will not be recognised as a duplicate and you will be charged accordingly.

d)        Your Uploaded List must only include UK address information for individuals or companies from whom you have consent to market in accordance with the Data Protection Act 1998 and the Privacy and Electronic Communications Regulations 2003 (as amended, updated or replaced from time to time). You accept full liability for any complaint, claim or action arising as a result of or in connection with your failure to obtain consent, howsoever arising.

e)         You will indemnify Royal Mail against all liabilities, costs, expenses, damages and losses suffered or incurred by Royal Mail arising out of or in connection with the delivery by Royal Mail of your Mailshot to your Uploaded List and any claim made against Royal Mail in relation to Royal Mail posting and delivering such Mailshots to the addresses or any failure or alleged failure to obtain consent to market to the addresses as stated in clause 3.d) above.

f)         The name of the street and town relevant to each address in any Licensed List will be made visible to you. No other details will be provided.

  1. Placing your order

a)         The purchase price of Mailshot Maker (including Licensed Lists) will be the stated prices in force at the time when the order is placed as detailed on the Mailshot Maker Website.

b)        You may purchase up to a maximum of 10,000 Mailshots in any one transaction. Licensed Lists will contain a minimum of 1 individual address and a maximum of 10,000 individual addresses.

c)         An order has not been accepted until you have received an email of confirmation from Royal Mail. You should print a copy of your order in case you are later unable to access your order details on the Mailshot Maker Website.

d)        Royal Mail has the right to change the prices of Mailshot Maker from time to time. Price changes will be made clear on the Mailshot Maker Website and you will pay the price as displayed at the time you place your order.

  1. Payment

a)         Payment must be made immediately and in full at the time you order your Mailshot Maker.

b)        Payment is made and processed by PayPal. This includes checking your details and clearing your payment. The PayPal terms and conditions can be found at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full.

c)         All prices are inclusive of VAT or are otherwise clearly marked as exclusive.

  1. Content

a)         Subject to clause 11.e), you may choose to use Royal Mail Stock Items at no additional cost and/or you may choose to upload you own image(s).

b)        You are responsible for the content of your Mailshot and ensuring that it complies with any relevant laws, regulations and guidance. While Royal Mail may moderate Mailshots, as set out below, Royal Mail will not be verifying your Mailshot to ensure compliance with the relevant law, regulations and guidance and is in no way liable if your Mailshot does not comply with all relevant laws, regulations and guidance.

c)         It is your responsibility to ensure that any image you upload is of sufficient resolution for use in your Mailshot and you should not rely on Royal Mail to warn you that your image is of low quality. Regardless of whether Royal Mail warns you that your image is of low quality, it is your decision whether or not to proceed with the image. You acknowledge that if you do choose to proceed with a low quality image the quality of your printed Mailshot is your responsibility.

d)        You must not upload any text or images if the use of which (whether by uploading on to the Mailshot Maker Website or by use in producing or sending a Mailshot) would breach a third party's rights, including but not limited to, intellectual property rights, moral rights and rights to confidentiality. For example, with the exception of the Royal Mail Stock Items, you must not upload an image from another website or publication without obtaining all necessary permissions, for example the prior agreement of the owner of that image. Royal Mail's moderation process (as described below) will not identify breaches of a third party's rights, such as intellectual property, moral or confidentiality rights.

e)         You are responsible and liable for any third party claim that arises as a result of or in connection with the content you submit for use in your use of Mailshot Maker and your Mailshot.

f)         You will indemnify Royal Mail against all liabilities, costs, expenses, damages and losses suffered or incurred by Royal Mail arising out of or in connection with any claim made against Royal Mail for actual or alleged infringement of a third party's rights, including but not limited, intellectual property rights, moral rights and rights to confidentiality arising out of or in connection with the Mailshot content you submit. This indemnity will apply regardless of whether Royal Mail moderates your Mailshot and still chooses to print and post your Mailshot, as moderation will not identify breaches of a third party's rights, such as intellectual property, moral or confidentiality rights.

g)        The content of your Mailshot may be externally moderated for inappropriate or offensive text and images; however, you remain responsible and liable for the content you submit for use in your use of Mailshot Maker and your Mailshot.

h)         If Royal Mail considers, at its absolute discretion, that your Mailshot might reasonably be considered a Prohibited Item (as defined below), it may not be printed and/or dispatched. In such circumstances you will be notified by email and your payment may not be processed. Royal Mail will not enter into any negotiation with you about any decision made not to print and send your Mailshot.

i)          You confirm that you will not upload text and/or images, and that Royal Mail may refuse to print and/or dispatch text and/or images, which:

                          i.        breach any applicable laws or legislation;

                         ii.        breach any third party's rights, such as intellectual property, or moral rights, including rights of confidence and privacy belonging to another person;

                        iii.        promote any religious beliefs or might offend any person's religious beliefs;

                        iv.        promote extremist views;

                         v.        is political or relates to a political cause or campaign;

                        vi.        may offend or discriminate against any social, ethnic or other group;

                       vii.        condones or is likely to incite hatred or violence against any person or group;

                      viii.        are obscene, pornographic or indecent;

                        ix.        refer to Royal Mail's business or brand; or

                         x.        refer to alcohol, cigarettes or illegal drugs

(each a "Prohibited Item").

j)          Royal Mail has the right to suspend or terminate your account if any images or text are uploaded which might reasonably be considered to be a Prohibited Item. On termination, all Mailshot designs saved to your account will be deleted and you will no longer be able to use your account log-in details.

k)         Where any images or text are uploaded, which might reasonably be considered a Prohibited Item, Royal Mail may, at its absolute discretion, forward such images, text and certain account information to the Police and/or be destroyed.

l)          Whilst your Mailshot content may be moderated, we cannot control, nor can we comprehensively monitor the use of the Mailshot Maker Website. It is possible that Mailshots may be posted which are prohibited under these Terms. Royal Mail is not responsible for Mailshots of this kind. Should you become aware of such Mailshots please contact us at 08452 661045.

  1. Free sample

Before you place and pay for your Mailshot Maker order, you may request one sample of your Mailshot to be printed and delivered to your address registered on your account free of charge. Your sample will be sent to you by second class post and may be externally moderated in the same way as your final Mailshot Maker order. With the exception of those clauses which refer to payment, these Terms apply to any free sample.

  1. Cancellation

a)         As a Consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by anything else in these Terms.

b)        Royal Mail will endeavour to start printing your Mailshot as soon as possible after you have placed your order. For this reason and in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you are not able to cancel your order once you have clicked to confirm that you wish to make payment.

c)         Without prejudice to your obligations under clause 6, if your Mailshot is printed but prior to dispatch it is discovered that the Mailshot breaches the conditions in clause 6 and Royal Mail does not dispatch the Mailshot, Royal Mail may refund all or a proportion of the purchase price but reserves the right to charge you the purchase price in full as if the Mailshot had been dispatched.

  1. Complaints

a)         If you have any questions or wish to make a complaint about Mailshot Maker please contact Customer Services by phone at 08452 661045 or by email mailshotmaker@your.royalmail.com. Details of Royal Mail's general complaint handling process can be found at http://www.royalmail.com/business/help/complaints/handling-process for business customers or http://www.royalmail.com/personal/help-and-support/how-do-I-make-a-complaint for Consumers.

  1. Delivery

a)         Mailshot Maker orders can only be delivered to addresses within the UK.

b)        You acknowledge that if you request a Mailshot to be sent to an address outside the UK the Mailshot will not be sent but may still be printed and you may be charged.

c)         While we will try to deliver your Mailshots within a reasonable timeframe, we make no commitment on delivery times and all timescales given, stated or quoted are estimates only.

d)        Following the completion of Mailshot printing in accordance with these Terms, Royal Mail will dispatch your Mailshot in accordance with Royal Mail's first or second class posting guidelines depending on which class of post you have opted for. Guidelines can be found at http://www.royalmail.com/sites/default/files/Royal-Mail-United-Kingdom-Post-Scheme-30-November-2015.pdf.

  1. Intellectual property rights

a)         You retain all intellectual property rights, including copyright, in the text and/or images you have used in Mailshot Maker (with the exception of any Royal Mail Stock Items, which remain Royal Mail's and its licensor's intellectual property) where you already own such rights.

b)        You confirm that you have the right to copy, upload or otherwise deal with any text and/or images that you upload for Mailshot Maker and you grant us the right to process and otherwise deal with the text and/or images in accordance with these Terms.

c)         You acknowledge that Royal Mail is the owner (or licensee) of all intellectual property rights in all materials and/or content made available as part of your use of the Mailshot Maker Website, including the Royal Mail Stock Items.

d)        You acknowledge and agree that the material and content contained within Mailshot Maker Website may only be downloaded for the purpose of using the Mailshot Maker Website and you must make no further use of it whatsoever outside of the Mailshot Maker Website. You acknowledge that any other use of the material and content of the Mailshot Maker Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

e)         Subject to the provisions of this clause 11.e) we grant you a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, reproduce, modify, re-distribute or otherwise deal with the stock fonts listed below and made available on the Mailshot Maker Website. Any sale or redistribution by you of the font software must contain the relevant copyright notice and license:

For  "Merriweather" font - Copyright © [dates] Copyright holder [URL/email], with Reserved Font Name [Reserved Font Name]

For "Montserrat" font - Copyright © [dates] [Copyright holder] [email], with Reserved Font Name [Reserved Font Name]

For "Domine" font - Copyright © [dates] [Copyright holder] [email], with Reserved Font Name [Reserved Font Name]

For "Lato" font - Copyright © [dates] [Copyright holder] [email], with Reserved Font Name Name [Reserved Font Name]

"Reserved Font Name" refers to any names specified as such after the copyright statement(s).

The above font software is licensed under the SIL Open Font Licence, Version 1.1. The license can be found at http://scripts.sil.org/cms/scripts/page.php?item_id=OFL_web

For "Roboto" font - Copyright [date] [name of copyright owner] licensed under the Apache License, Version 2.0

For "Open Sans" font - Copyright [date] [name of copyright owner] licensed under the Apache License, Version 2.0

Licensed under the Apache Licence, Version 2.0; you may not use the above files except in compliance with Apache Licence, Version 2.0. You may obtain a copy of the Apache Licence at http://www.apache.org/licenses/LICENSE-2.0.html. Unless required by applicable law or agreed in writing, software distributed under the Apache Licence is distributed on an "as is" basis, without warranties or conditions of nay kind, express or implied. See the Apache Licence for the specific language governing permissions and limitations under the Apache License.

f)         Licence details in relation to the stock images made available on the Mailshot Maker Website can be found at https://creativecommons.org/publicdomain/zero/1.0/legalcode

12.          Liability

a)         Royal Mail does not exclude or limit liability for fraud, death or personal injury caused by its negligence or for any other liability which cannot be excluded or limited by law and all of clause 12 will be subject to this clause 12.a).

b)        You acknowledge that we price Mailshot Maker based on Royal Mail's acceptance of certain liability and, as such, the parties agree that the liability levels, set out in these Terms, are reasonable.

c)         You are responsible for ensuring that you retain copies and back-ups of any of your content, including (without limitation) Uploaded Lists or Licensed Lists and Royal Mail will not be responsible or liable to you for any loss or corruption of such content.

d)        The Licensed Lists are obtained by Royal Mail from third parties "as is" without Royal Mail undertaking any checks or vetting. As such, we give no representation, warranty, condition or assurance of any kind, express, implied or otherwise as to the accuracy, completeness or appropriateness of the Licensed Lists.  

e)         Royal Mail is not liable to you under any circumstances for any loss, damage, costs or expenses arising directly or indirectly from any failure or delay in performing any obligation under these Terms by reason of any event or circumstances outside Royal Mail's reasonable control, including industrial action, failure of power supplier or equipment, government action or acts of God.

f)         Where there are issues relating to the quality, accuracy or completeness of your Mailshots, which Royal Mail is responsible for, Royal Mail will either, at its reasonable discretion, replace the relevant Mailshots, or refund you the price paid for the relevant Mailshots. This clause12.f) sets out your exclusive remedies relating to issues of quality, accuracy or completeness of your Mailshots.

g)        Notwithstanding clause 12.f), our total aggregate liability to you under or in relation to these Terms including (but not limited to) liability for breach of any of the Terms, whether express or implied, and tort (including but not limited to negligence) is limited to the lower of the total amount paid by you for the relevant Mailshots and ten thousand pounds sterling (£10,000).

h)         Royal Mail is not liable to you under any circumstances for any indirect, consequential or special losses.

i)          Royal Mail is not liable to you under any circumstances for any loss of:

                                          i.        profit;

                                         ii.        revenue;

                                        iii.        opportunity;

                                        iv.        contracts;

                                         v.        sales;

                                        vi.        turnover;

                                       vii.        anticipated savings;

                                      viii.        business opportunity;

                                        ix.        production; or

                                         x.        software or data or corruption of software or data,

(regardless of whether any of these losses or damage are direct, indirect, special or consequential).

  1. Data

In this clause 13, Data Controller, Data Processor, Data Subject, Personal Data and process shall have the meanings given to them in the Data Protection Act 1998 and processing and processed will be construed accordingly.

a)              As part of the delivery of the Mailshot Maker, you and Royal Mail will each process Personal Data.  You acknowledge that the factual arrangement between us dictates the role of each but we anticipate and you acknowledge that in relation to the Personal Data, you the customer will be a Data Controller and Royal Mail will act as a Data Processor for and on behalf of you as customer.

b)             You accept that we use third parties to assist us in providing Mailshot Maker. You confirm that you have the necessary consents from any applicable individuals that their data may be passed to such third parties for processing in accordance with these Terms, our website terms of use, Privacy Policy and Cookies Policy.

c)              The Licensed Lists are obtained from third parties for use by you for the purposes of sending your Mailshots and, as such, you acknowledge and agree that Royal Mail does not control the selection and/or use of the Licensed List.

Account Information

d)        With regards to information you provide to create an account for Mailshot Maker, as part of your ongoing agreement with us, you agree to the processing of Personal Data by Royal Mail and its agents in order to enable your use of Mailshot Maker as contemplated by these Terms.

e)         Notwithstanding any breach of confidentiality caused by Royal Mail, you are responsible for keeping your account details confidential and you will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure.

f)         You agree to notify us immediately if you become aware of any unauthorised use of your password or account or any other breach of security by contacting us by phone at 08452 661045 or by email mailshotmaker@your.royalmail.com.

Mailshots

g)        As Data Processor, Royal Mail:

                                          i.        will process Personal Data only in accordance with your instructions from time to time, for the purpose of providing Mailshot Maker to you, and in accordance with these Terms our website terms of use, our Privacy Policy and Cookies Policy; and

                                         ii.        will maintain appropriate technical and organisational security measures to protect Personal Data processed by us pursuant to the delivery of the Mailshot Maker..

                                        iii.        may need to transfer personal information about customers to third parties located outside the UK. If we do, we will ensure that information is protected to a level which meets the requirement of UK law. As Data Controller it is your responsibility to ensure that you have complied with your obligations under the Data Protection Act 1998;

                                        iv.        is not responsible for the privacy practices or content of any services or websites operated by parties other than Royal Mail which you may need to access in order to use Mailshot Maker. This includes:

  1. the email confirmation services provided by Mandrill® (for which terms and conditions can be found at https://mandrill.com/terms/ and the privacy policy and information on use of cookies can be found at https://mandrill.com/privacy/); and
  2. the PayPal and Google maps services and functionality which are governed by specific PayPal and Google terms set out at clause 15 below.

You should consult the relevant privacy policy and/or terms of use of such websites to understand how the relevant supplier may process your information.

h)         You acknowledge that, in the course of conducting business with you, Royal Mail intends to maintain data in an internal database which might include Personal Data (as defined in the Data Protection Act 1998). By entering into this agreement, you acknowledge Royal Mail’s intent to maintain and process such data and agree to the maintenance and processing of such Personal Data as set out in these Terms and our Privacy Policy.

i)          Notwithstanding any restrictions on the use of Personal Data contained in these Terms, you acknowledge and agree that Royal Mail will be entitled to make use of Personal Data for any purpose that is consented to and/or permitted by the relevant Data Subject (which will include your customers), including those uses as set out in Royal Mail's publically available Privacy Policy as amended from time to time.

  1. Assignment and sub contracting

We may assign or transfer any of our rights or sub contract any of our obligations under these Terms to any third party. We will notify you of any such assignment or transfer and you may choose to cancel your Mailshots account if you do not wish to contract with the third party.  You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms without our written permission.

15.          Third party terms and conditions

a)         Payment for Mailshot Maker is processed through PayPal. You must not use PayPal unless you have agreed to comply with the terms and conditions of PayPal. Royal Mail is not related to PayPal and the Mailshots site is in no way sponsored, endorsed or administered by, or associated with, PayPal.

b)        The Mailshots Maker Website uses Google Maps functionality. Your use of Google's services through the Mailshot Maker Website, as well as being governed by these Terms, our website terms of use, Privacy Policy and Cookies Policy, is also governed by certain Google terms found at:

                                          i.        Google's Terms of Service at https://www.google.com/policies/terms/

                                         ii.        Google's Privacy Policy at https://www.google.com/policies/privacy/;

                                        iii.        the Google Maps / Google Earth Additional Terms of Service at http://maps.google.com/help/terms_maps.html;

                                        iv.        the Google Maps / Google Earth Legal Notices at http://maps.google.com/help/legalnotices_maps.html; and

                                         v.        the Service’s Acceptable Use Policy at https://www.google.com/work/earthmaps/legal/universal_aup.html.

16.          Changes

We may alter, remove or withdraw the Mailshot Maker Website and Mailshot Maker service at any time for any reason. We will notify you in advance if we intend to withdraw the Mailshot Maker Website and Mailshot Maker service in its entirety. Royal Mail will fulfil any orders already placed.

  1. Term

Subject to clauses 1.a), 1.b) and 16, these Terms will remain in full force and effect while you have a registered account on the Mailshot Maker Website. You may unregister at any time for any reason by phone at 08452 661045 or by email mailshotmaker@your.royalmail.com.

  1. General

a)         Any failure or delay by us in enforcing (in whole or in part) any provision in these Terms will not be interpreted as a waiver of our rights.

b)        If any provisions, or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be unlawful, or otherwise invalid or unenforceable, such provision or part-provision will be struck out of the Terms and the remainder of the Terms will apply as if the offending provision or part-provision had never been agreed.

c)         These Terms supersede all prior terms, representations and undertakings in relation to your use of the Mailshot Maker.

d)        The headings in these Terms are included for convenience only and will not affect interpretation.

  1. Law

a)         These Terms shall be governed by and construed in accordance with English law.

b)        You and Royal Mail agree that the courts of England and Wales will have exclusive jurisdiction.