Legal Statement Copyright © 2006 Pitney Bowes Ltd, The Pinnacles, Harlow, Essex CM19 5BD United Kingdom. All rights reserved. Any person authorised is hereby at liberty to view, copy, print and distribute this document subject to the following conditions:-
1. This document may be used for informational purposes only.
2. The document may only be used for non-commercial purposes.
3. Any copy of this document or portion thereof must include this copyright notice.
Note that any product, process or technology described in the document may be the subject of other Intellectual Property rights owned by [Pitney Bowes Ltd] and are not licensed hereunder.
This publication is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranty as to the satisfactory quality (and/or merchantability), fitness for a particular purpose or non-infringement we do not warrant that materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction.
This publication may include technical inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of the publication. Pitney Bowes Ltd may make improvements and/or changes in the product(s) and/or the program(s) described in this publication at any time.
Terms & Conditions
By using this site and its services, you agree to be bound by these terms of use. IF you do not agree to these terms of use do not use this site. You must read the Terms and Conditions below prior to using this site.
THIS Click&Mail SERVICE IS TO ONLY BE USED BY BUSINESSES
This Agreement is between you and Pitney Bowes Limited and governs your use of Click&Mail. Please note that we do not store a copy of this Agreement against your name.
Click&Mail is being developed continuously and as a result we may need to change some of the provisions of this Agreement from time to time. Clause 27 allows us to do this without your agreement, but we will notify you of any change we make.
Definitions
"User Software" means the software on your computer that is provided by us and allows you to use Click&Mail, and its updates;
and
"we" means Pitney Bowes Limited, and us and our have corresponding meanings.
Term of Agreement
1. Commencement date is as soon as a deposit to the account is made. Account balance is held as long as there is money on the account
2. If this Agreement expires or is terminated your Click&Mail Account will be suspended immediately.
Hardware
3. For the avoidance of doubt, we are not responsible for the functionality or performance of the hardware you use to use Click&Mail and will not supply, maintain or support such hardware.
Your information
4. All intellectual property rights in Click&Mail belong to Sureprint Limited. All rights are reserved.
5. We will keep a record of the volume and the postal services you request through Click&Mail for up to one month after submission. We may use this information for statistical analysis.
Termination of Agreement and suspension of your Click&Mail Account
6. We may terminate this Agreement immediately by notifying you in writing (including by email) if:
| a. | we believe you have deliberately or repeatedly mailed or attempted to mail items that attract a cost due to inability to deliver. |
| b. | you commit any other material breach of this Agreement. |
Without limiting clause 6, we may suspend your Click&Mail Account for up to 14 days if we believe any of the events in clauses 6(a) or 6(b) may have occurred.
7. We may, at our sole discretion, terminate this Agreement at any time by giving you at least 14 days notice in writing (including by email).
Security
8. You are responsible for the security of the customer username and password that allow you to access Click&Mail. Unless we have negligently disclosed your password to a third party, we will not be liable in relation to any unauthorised transaction entered into using Click&Mail under your username and password.
Indemnity
9. No liability of Pitney Bowes Limited for certain damages. To the maximum extent permitted by applicable law, Pitney Bowes Limited shall have no liability for any indirect, special, consequential or incidental damages arising from or in connection with the use or performance of the software. This limitation will apply even if any remedy fails of its essential purpose. In no event shall Pitney Bowes Limited's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Click&Mail software. By using the using the Click&Mail Software, you accept these terms. If you do not accept them, do not use the Click&Mail Software.
User Software: Your obligations:
10. Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
| a) | not to copy the User Software except where such copying is incidental to normal use of the User Software or where it is necessary for the purpose of back-up or operational security; |
| b) | not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the User Software; |
| c) | not to make alterations to, or modifications of, the whole or any part of the User Software nor permit the User Software or any part of it to be combined with, or become incorporated in, any other programs; |
| d) | d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the User Software nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the User Software with another software program, and provided that the information obtained by you during such activities: |
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| I. | is used only for the purpose of achieving inter-operability of the User Software with another software program; |
| II. | is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it; and |
| III. | is not used to create any software which is substantially similar to the User Software; |
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| e) | to supervise and control use of the User Software and ensure that the User Software is used by your employees and representatives in accordance with the terms of this Agreement; |
| f) | not to provide, or otherwise make available, the User Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person other than your employees without prior written consent from us; |
11. The integrity of this User Software is protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the User Software of Sureprint Limited are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise or expose for sale or hire, nor have in your possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of such TPM.
User Software: Warranty
12. We warrant that we have tested the User Software for viruses using commercially available virus-checking software, consistent with current industry practice.
13. You acknowledge that the User Software has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the User Software meet your requirements.
14. You acknowledge that the User Software may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this Agreement.
Exclusion of liability
15. To the extent permitted by law, and except as expressly set out in this Agreement, we exclude all representations, warranties, guarantees and conditions relating to Click&Mail, including any terms that would otherwise be implied under sections 2, 3, 4, 5, 13, 14 and 15 of the Supply of Goods and Services Act 1982.
16. To the extent permitted by law, and except as expressly set out in this
Agreement:
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a. | our total liability to you for any breach or breaches by us, whether connected or not, of any express term or terms of this Agreement, or any implied term or terms of this Agreement that are not excluded by clause 15 (including to the extent the exclusion in clause 15 is ineffective or invalid), is limited to the amount you have paid us by way of subscription charges for Click&Mail; and
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| b. | we exclude all other liability to you arising out of or in connection with your use of Click&Mail and for any adverse effect Click&Mail may have on your hardware or software. To the extent this exclusion is ineffective or invalid; the total of such liability is limited to the amount you have paid us
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17. Notwithstanding clause 16, to the extent permitted by law we exclude all liability to you for any loss of business, goodwill, data, opportunity or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or we were advised of the possibility of such loss) and any consequential, indirect or incidental damages.
18. Nothing in this Agreement excludes or limits:
| a. | our liability to you for any death or personal injury resulting from our |
| b. | negligence; |
| c. | our liability to you for fraudulent misrepresentation; or |
| d. | any of your other statutory rights that cannot be excluded or limited. |
Payment & Credit
19. You will credit your account with monies.
20. We will hold the monies held in your account into a designated bank account
21. We will retain for our benefit all income accruing on your account.
22. If the event that this Agreement is terminated, we will let you know in writing how much is due to you from your Click&Mail account whereupon we will request your written instructions for repayment of any monies due to you, subject to our entitlement to set-off against any monies held in your Click&Mail account all monies overdue and monies falling due to us or any member of the Pitney Bowes group of companies;
23. We will not pay you interest on funds held in your Click&Mail account or elsewhere on your behalf.
24. You will surrender to us the monies due to you under clause 22 above if you fail to claim the monies payable to you within 180 days of us letting you know the amount due to you.
General
25. Except as provided in clause 17, any failure or delay by you or us in enforcing (in whole or in part) any provision of this Agreement will not be interpreted as a waiver of your or our rights.
26. If any provision of this Agreement is unlawful or otherwise invalid, such provision will be struck out of this Agreement and the remainder of this Agreement will apply as if the offending part had never been agreed. Neither party may transfer any of its rights or obligations under this Agreement without the other party’s prior written consent, provided that we may transfer any of our rights or obligations under this Agreement to another company in our group (as defined in section 258 of the Companies Act 1985) without your consent.
27. We may change this Agreement at any time by notifying you in writing (including by email) of the change, which will be effective from the date you are notified or such later date as is included in the notice. No other variation to this Agreement will be effective unless it is in writing and signed by you and us.
28. This Agreement is the entire agreement between you and us for your use of Click&Mail and supersedes all prior agreements, representations and understandings, written or oral. Each party acknowledges that it has not been induced to enter into this Agreement by reason of any representation made by or on behalf of the other party.
29. These terms and conditions are governed by and will be construed in accordance with English law. Each party submits to the exclusive jurisdiction of the English Courts.
SITE LINKS
The materials that can be accessed from linked sites are not maintained by us and we are not responsible for their contents. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by Pitney Bowes Ltd and you assume all risk with respect to its use.
LIABILITY
Under no circumstances shall Pitney Bowes Ltd, nor our affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party.
USE
You may agree to use this site for lawful purposes only. You are not permitted to use it for material that is seen as obscene, offensive, hateful, inflammatory, cruel, blasphemous, pornographic, sexually suggestive, deceptive, profane, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action or violence, patently offensive, defamatory, slanderous, libelous, vulgar, violent, discriminatory (for example, based on race, color, religion, gender, sexual orientation, age, national origin, ancestry, or physical/mental ability), negatively pertaining to any particular individual or otherwise objectionable, likely to cause annoyance, inconvenience or needless anxiety, likely to harass, upset, embarrass, alarm or annoy any other person, or that advocates any of the aforementioned impermissible messaging;
You agree that you are solely responsible for the mail submitted and this meets all the requirements set forth herein. You agree that whilst Pitney Bowes shall have the right to review the mail you submit to determine its suitability for use and compliance with this agreement, nothing contained herein shall require Pitney Bowes to perform such review. You understand and agree that if Pitney Bowes, in its sole discretion, determines that any material you submit does not meet the terms contained herein, Pitney Bowes may reject your submission or if already accepted may subsequently terminate your account.
You may download one copy of the information found on this site on a single computer for personal, non-commercial use only. You shall not copy, use, modify, transmit, distribute reverse engineer, or in anyway exploit copyrighted or proprietary materials available on this site, except as expressly permitted by the respective owner(s). Use of any software available for download from the site is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorised use is strictly prohibited.
INDEMNITY
You agree to defend, indemnify, and hold Pitney Bowes and its affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including legal fees) arising out of your use of this site.
TERRITORIAL COVERAGE
This site provides listings of a wide range of Pitney Bowes Ltd products and therefore may contain references or cross references to particular products and services that are not readily available in any particular country. Any such reference does not imply that Pitney Bowes in any particular country intends to market such products or services. All actions resulting from a search of this data must be related to solutions using only products and services announced by Pitney Bowes Ltd in any particular country. In particular Pitney Bowes makes no claim for the accuracy of product information on this site with regard to any country outside Europe.
GOVERNING LAW AND JURISDICTION
The terms and use of this site shall be governed in accordance by the Laws of England and shall be subject to the non exclusive jurisdiction of the English Courts. Pitney Bowes Ltd reserves the right to add, delete, modify these Terms and Conditions at any time without any prior notice.
COPYRIGHT, TRADEMARKS AND REGISTERED TRADEMARKS AND SERVICE MARKS
Are protected worldwide by copyright laws and treaty provisions. No logo, graphic, text, sound or image from this web site may be copied, reproduced, modified, published, unloaded, posted, transmitted, or distributed in any way without Pitney Bowes Ltd prior written permission, except as is expressly provide herein. Pitney Bowes Ltd does not grant any expressed or implied right to you under any patent, copyright, trademark, service mark or trade secret information.
REGISTRATION
Pitney Bowes Limited, Registered in England & Wales under company number 182037, and whose registered office is at The Pinnacles, Harlow, Essex, CM19 5BD.