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 email@example.com.
In these terms and conditions, unless the context requires otherwise:
Confidential Information means any information, data or material of a confidential or proprietary nature
Consumer means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession
Data means any personal data provided, or made available, to us by or on behalf of you in connection with the provision of Services by us under these Terms
Data Protection Legislation means
(a) the European Privacy and Electronic Communications Directive (Directive 2002/58/EC) or, on and from the date on which it becomes effective, the proposed Regulation on Privacy and Electronic Communications; and
(b) the General Data Protection Regulation (EU) 2016/679 and any national implementing laws, regulation(s) and secondary legislation (the GDPR), and/or such law(s), regulation(s) and secondary legislation as may transpose the GDPR into the domestic law of all or any part of the United Kingdom, in each case as such law(s) may be replaced, supplemented, substituted or amended from time to time
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
Related Parties means our employees, agents, subcontractors, professional advisors, and third party suppliers
Reportable Breach means any unauthorised or unlawful processing, disclosure of, or access to, your Data and/or any accidental or unlawful destruction of, loss of, alteration to, or corruption of Data which is likely to result in a risk to the rights and freedoms of any identified or identifiable individuals to whom the Data relates
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", "your" or "user" means you the customer.
2.2. 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
3. Your account
3.1. 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.
3.2. You will be sent an email to confirm the creation of your account. The confirmation email will include a copy of these Terms.
3.3. There is no minimum duration for your Mailshots account – you may close it any time by contacting the helpdesk on 08452 661045 or email firstname.lastname@example.org. 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.
4. Mailing lists
4.2. 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.
4.3. 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.
4.4. 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 Legislation. 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.
4.5. 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.
4.6. 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.
5. Placing your order
5.1. 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.
5.2. 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.
5.3. 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.
5.4. 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.
6.1. Payment must be made immediately and in full at the time you order your Mailshot Maker.
6.2. 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.
6.3. All prices are inclusive of VAT or are otherwise clearly marked as exclusive.
7.1. 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).
7.2. You are responsible for the content of your Mailshot and ensuring that it complies with any relevant laws, regulations and guidance, including but not limited to the Data Protection Legislation. 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.
7.3. 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.
7.4. 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.
7.5. 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.
7.6. 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.
7.7. 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.
7.8. 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.
7.9. 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").
7.10. 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.
7.11. 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.
7.12. 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.
8. Free sample
8.1. 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.
9.1. 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.
9.2. 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.
9.3. 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.
10.1. 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 email@example.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.
11.1. Mailshot Maker orders can only be delivered to addresses within the UK.
11.2. 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.
11.3. 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.
11.4. 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.
12. Intellectual property rights
12.1. 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.
12.2. 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.
12.3. 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.
12.4. 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.
12.5. 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.
- 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
13.1. 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).
13.2. 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.
13.3. 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.
13.4. 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.
13.5. 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.
13.6. 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 clause 13.6 sets out your exclusive remedies relating to issues of quality, accuracy or completeness of your Mailshots.
13.7. Notwithstanding clause 13.6, 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).
13.8. Royal Mail is not liable to you under any circumstances for any indirect, consequential or special losses.
13.9. Royal Mail is not liable to you under any circumstances for any loss of:
- anticipated savings;
- business opportunity;
- production; or
- software or data or corruption of software or data,
(regardless of whether any of these losses or damage are direct, indirect, special or consequential).
14.1. Each party agrees that in relation to any Confidential Information disclosed to, received or obtained by it (the Receiver) from the other (the Discloser) in connection with the Services, the Receiver will:
- not disclose it to any other person other than to its employees, agents, subcontractors, professional advisors, and third party suppliers on a need to know basis;
- not copy any part of it without the Discloser' prior written approval;
- take all reasonable steps to keep it confidential; and
- use it only in the provision (or receipt) of the Services.
14.2. This Clause 14 will not apply to any Confidential Information which:
- was, is or has become lawfully available to the public otherwise than through breach of these terms;
- was disclosed to either you or us by a third party who had such Confidential Information legally in its possession and who was not restricted from disclosing it; or
- was independently created.
14.3. If a party is required by applicable law to disclose any Confidential Information of the other party, it will (unless prohibited from doing so by applicable law) try to give that other party at least 7 days' prior notice of such disclosure.
15. Data Protection
15.1. Terms and expressions used in this Clause 15 and not defined in these Terms have the meanings given to them in the Data Protection Legislation.
15.2. To the extent that we process Data as controller under these Terms, we will comply with our obligations under applicable Data Protection Legislation and the following provisions will apply:
15.3. To the extent that we process your Data as data processor under these Terms, clauses 15.4– 15.8 will apply.
15.4. Schedule 1 sets out the scope, nature and purpose of processing by us in performing our obligations under these Terms, and the duration of that processing, the applicable types of Data and categories of data subject.
15.5. We will:
- process the Data in compliance with our obligations under the Data Protection Legislation;
- take and maintain appropriate technical and organisational measures to ensure the security of the Data and against the unauthorised or unlawful processing of, and accidental loss or destruction of, or damage to, such Data;
- ensure that our personnel who access the Data are under an obligation to handle the Data in accordance with the obligations regarding confidentiality of information in accordance with Clause 14;
- notify you, without undue delay upon becoming aware, of a Reportable Breach;
- process the Data only: (a) as reasonably necessary for the performance of our obligations and exercise of our rights in accordance with these Terms, which you agree sets out your complete documented instructions regarding the processing of Data, or (b) as required by any applicable law as we may notify to you (unless prohibited from doing so);
- provide to you, at your cost, such information, co-operation and assistance as you may, from time to time, require to enable you to comply with your obligations under the Data Protection Legislation as a data controller in respect of any Data, including the provision of such documentation as is reasonably necessary to demonstrate our compliance with the obligations of this Clause 15;
- assist you by appropriate technical and organisational measures for the fulfilment of your obligation to respond to requests for exercising of data subject rights (including access requests) set out in the Data Protection Legislation, to the extent possible for us to do so, taking into account the nature of the processing of the Data undertaken in providing the Services;
- provide you (or, at your direction, such suitably qualified, independent third party auditor as is agreed between the parties and engaged by you) on no less than 21 business days' written notice and on no more than one occasion during any calendar year such access to our premises and personnel as you may reasonably require in order to inspect our compliance with this Clause 15.
- promptly, and at your option (following the closure of your account or otherwise in accordance with Clause 3.3), return to you or delete all of the Data and all materials containing any copies of the Data held by us on your behalf following the termination or expiry of these Terms, other than to the extent that its retention is required by any applicable law.
15.6. You agree that we may disclose Data to Mandrill® or to any Related Parties to the extent such disclosure is necessary for such third party's provision of the relevant element of the Services, provided that we will have a written agreement in place with that sub-processor which imposes obligations on the sub-processor no less onerous than those set out in this Clause 15 and we will remain liable for the performance of such obligations by such Related Party.
15.7. We will not transfer Data to a country or international organisation located outside the European Economic Area ("EEA") (or, in the event the United Kingdom ceases to be a member of the EEA, outside the United Kingdom) unless we ensure that we comply with the obligations set out in Data Protection Legislation regarding the transfer of Data to third countries or international organisations.
15.8. You will:
- comply with your obligations under applicable Data Protection Legislation in relation to your collection, processing and provision of Data to us in connection with these Terms;
- provide us with such co-operation and information as we may reasonably request from time to time to permit us and/or any sub-processor to comply with our or its obligations under Data Protection Legislation; and
- not name or refer to us (or any sub-processor) in any communication to any supervisory authority or any data subject relating to any Reportable Breach without our prior written approval of the content of such communication (other than such content that does not relate or impact on us).
16. Account Information
16.1. 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.
16.2. 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 firstname.lastname@example.org.
17. Assignment and sub contracting
17.1. We may assign or transfer any of our rights or (subject to clause 15.6) 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.
18. Third party terms and conditions
18.1.1. 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.
18.1.3. Royal Mail is not related to PayPal and the Mailshots site is in no way sponsored, endorsed or administered by, or associated with, PayPal.
- Google's Terms of Service at https://www.google.com/policies/terms/;
- the Google Maps / Google Earth Additional Terms of Service at http://maps.google.com/help/terms_maps.html;
- the Google Maps / Google Earth Legal Notices at http://maps.google.com/help/legalnotices_maps.html; and
- the Service’s Acceptable Use Policy at https://www.google.com/work/earthmaps/legal/universal_aup.html.
19.1. 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.
20.1. 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 email@example.com.
21.1. 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.
21.2. 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.
21.3. These Terms supersede all prior terms, representations and undertakings in relation to your use of the Mailshot Maker.
21.4. The headings in these Terms are included for convenience only and will not affect interpretation.
22.1. These Terms shall be governed by and construed in accordance with English law.
22.2. You and Royal Mail agree that the courts of England and Wales will have exclusive jurisdiction.
Schedule 1: Conditions of Processing
This Schedule 1 sets out the subject-matter and nature of the processing by us under these Terms.
1. Processing by Royal Mail Ltd and scope:
[provision of Mailshot Maker Services]
2. Purpose of processing:
[to permit a customer of the Mailshot maker service to produce Mailshots]
3. Duration of the processing:
[for the period of time from the creation of the Mailshot(s) to the closure of your account, or otherwise in accordance with clause 3.3.]
4. Types of Data:
[name, email address, telephone number(s)]
5. Categories of data subject:
[the customer, its employees and its customers]