Terms and
Conditions
WELCOME
TO THE MY UK MAIL WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS
AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT http://www.my-uk-mail.co.uk.
BY ACCESSING THIS WEBSITE AND/OR USING THE SERVICE, YOU AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS.
USING
THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER
OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT
ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
My
UK Mail Ltd is registered in England and Wales (company number 5614271)
Our VAT registration number is 912 9630 25.
Our
contact details are as follows:
General
email: contact@my-uk-mail.co.uk
Telephone number: 0845 838 1815
1.
INTRODUCTION
1.1 You will be able to access most areas of this Website without registering
your details with us. Certain areas of this Website are only open to
you if you register.
1.2 We may revise these terms and conditions at any time by updating
this posting. You should check this Website from time to time to review
the then current terms and conditions, because they are binding on you.
Certain provisions of these terms and conditions may be superseded by
expressly designated legal notices or terms located on particular pages
of this Website. If you do not wish to accept any new terms and conditions
after we have given notice, you should not continue to use this Website.
2.
ORDERING FROM US
2.1
You are deemed to place an order with us by ordering via our online
payment system. As part of our payment process you will be given the
opportunity to check your details and to correct any errors. We will
send you an order acknowledgement, confirming receipt of the payment.
2.2 Our acceptance of an order takes place when we accept your application.
We will send you a confirmation email when this happens. When we send
this email, the contract will be made even if your payment has been
processed immediately, unless we have notified you that we do not accept
your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods/services are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms
and conditions.
3.
PRICING
3.1
Our prices include VAT where applicable, unless otherwise stated.
3.2 Where we charge separately for packing, carriage and insurance and
other relevant charges, the appropriate rates are set out in our specified
pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and the next review will be
on 01/06/2009.
4.
CANCELLATION POLICY
4.1
If you wish to cancel your order:
(a) you can notify us by email to contact@my-uk-mail.co.uk before you
have replied to our application form and your account has been activated..
4.2 Upon cancellation we will give you a full refund of your subscription
payment. We reserve the right to retain the £7 setup fee to cover
the adminstration expenses of processing your application details.
4.3 The rights to return the goods to us as referred to in clause 4.3
will not apply in the following circumstances: -
we have activied your account, or you have provided your preferences
information
where
the products are magazines or newspapers
to any products that we have made or customised specifically for you
The
provisions of this clause 4.4 do not affect your statutory rights.
5. LICENCE
5.1
You are permitted to print and download extracts from this Website for
your own use on the following basis:
(a) no documents or related graphics on this Website are modified in
any way;
(b) no graphics on this Website are used separately from accompanying
text; and
(c) any of our copyright and trade mark notices and this permission
notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property
rights in all material on this Website (including without limitation
photographs and graphical images) are owned by us or our licensors.
For the purposes of these terms and conditions, any use of extracts
from this Website other than in accordance with clause 5.1 above for
any purpose is prohibited. If you breach any of the terms in these terms
and conditions, your permission to use this Website automatically terminates
and you must immediately destroy any downloaded or printed extracts
from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced
or stored in any other website or included in any public or private
electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6.
SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available
24 hours a day, we will not be liable if for any reason this Website
is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for reasons
beyond our control.
7.
VISITOR MATERIAL AND CONDUCT
7.1
Other than personally identifiable information, which is covered under
the Privacy Policy (viewable here), any material you transmit or post
to this Website will be considered non-confidential and non-proprietary.
We will have no obligations with respect to such material. We and our
nominees will be free to copy, disclose, distribute, incorporate and
otherwise use such material and all data, images, sounds, text and other
things embodied therein for any and all commercial or non-commercial
purposes.
7.2 You are prohibited from posting or transmitting to or from this
Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous, in breach of confidence,
in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered
a criminal offence, give rise to civil liability, or otherwise be contrary
to the law of or infringe the rights of any third party, in the UK or
any other country in the world; or
(d) which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted
data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by
hacking).
7.4 We will fully co-operate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or locate
anyone posting any material in breach of clauses 7.2 or 7.3.
8.
LINKS TO AND FROM OTHER WEBSITES
8.1
Links to third party websites on this Website are provided solely for
your convenience. If you use these links, you leave this Website. We
have not reviewed all of these third party websites and do not control
and are not responsible for these websites or their content or availability.
We therefore do not endorse or make any representations about them,
or any material found there, or any results that may be obtained from
using them. If you decide to access any of the third party websites
linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on
the basis that you link to, but do not replicate, the home page of this
Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance
of the My UK Mail logo;
(b) you do not create a frame or any other browser or border environment
around this Website;
(c) you do not in any way imply that we are endorsing any products or
services other than our own;
(d) you do not misrepresent your relationship with us nor present any
other false information about us;
(e) you do not otherwise use any My UK Mail trade marks displayed on
this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive
or controversial, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all applicable
laws and regulations.
We expressly reserve the right to revoke the right granted in this clause
8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of
our group companies may suffer or incur as a result of your breach of
clause 8.2.
9. REGISTRATION
9.1
To register with http://www.my-uk-mail.co.uk you must be over 18 years
of age.
9.2 Each registration is for a single user only. We do not permit you
to share your user name and password with any other person nor with
multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with
you and if you know or suspect that someone else knows your password,
you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable
discretion or if you breach any of your obligations under these terms
and conditions.
10.
DISCLAIMER
10.1
While we endeavour to ensure that the information on this Website is
correct, we do not warrant the accuracy and completeness of the material
on this Website. We may make changes to the material on this Website,
or to the products and prices described in it, at any time without notice.
The material on this Website may be out of date, and we make no commitment
to update such material.
10.2 The material on this Website is provided “as is” without
any conditions, warranties or other terms of any kind. Accordingly,
to the maximum extent permitted by law, we provide you with this Website
on the basis that we exclude all representations, warranties, conditions
and other terms (including, without limitation, the conditions implied
by law of satisfactory quality, fitness for purpose and the use of reasonable
care and skill) which but for these terms and conditions might have
effect in relation to this Website.
11.
LIABILITY
11.1
We, any other party (whether or not involved in creating, producing,
maintaining or delivering this Website), and any of our group companies
and the officers, directors, employees, shareholders or agents of any
of them, exclude all liability and responsibility for any amount or
kind of loss or damage that may result to you or a third party (including
without limitation, any direct, indirect, punitive or consequential
loss or damages, or any loss of income, profits, goodwill, data, contracts,
use of money, or loss or damages arising from or connected in any way
to business interruption, and whether in tort (including without limitation
negligence), contract or otherwise) in connection with this Website
in any way or in connection with the use, inability to use or the results
of use of this Website, any websites linked to this Website or the material
on such websites, including but not limited to loss or damage due to
viruses that may infect your computer equipment, software, data or other
property on account of your access to, use of, or browsing this Website
or your downloading of any material from this Website or any websites
linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our
liability for (i) death or personal injury caused by negligence (as
such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud;
(iii) misrepresentation as to a fundamental matter; or (iv) any liability
which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers,
directors, employees and agents, harmless from and against all claims,
liability, damages, losses, costs (including reasonable legal fees)
arising out of any breach of the terms and conditions by you, or your
use of this Website, or the use by any other person using your registration
details.
12.
GOVERNING LAW AND JURISDICTION
12.1
These terms and conditions shall be governed by and construed in accordance
with English law. Disputes arising in connection with these terms and
conditions shall be subject to the exclusive jurisdiction of the English
courts.
12.2 We do not warrant that materials/items for sale on the Website
are appropriate or available for use outside the United Kingdom. It
is prohibited to access the Website from territories where its contents
are illegal or unlawful. If you access this Website from locations outside
the United Kingdom, you do so at your own risk and you are responsible
for compliance with local laws.
13.
MISCELLANEOUS
13.1
You may not assign, sub-license or otherwise transfer any of your rights
under these terms and conditions
13.2 If any provision of these terms and conditions is found by any
court of competent jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions which
shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce
them under the Contracts (Rights of Third Parties) Act 1999.
14.
MAIL AND PACKAGE FORWARDING SERVICE
14.1
Upon a successful application, My UK Mail will provide the Member with
a UK mailing address for his/her use.
14.2
My UK Mail's services include receiving the members mail, sorting it,
packing it and delivering it to the Member's specified address.
14.3
Any charges imposed on the Member, including, but not limited to, import
taxes, are the sole responsibility of the My UK Mail member.
14.4
The Member grants permission to My UK Mail to handle his/her items of
mail, including, but not limited to, receiving, sorting, packing, storing
and delivering. The Member also authorises My UK Mail to use funds contained
in the Member's My UK Mail account to pay for services the Member has
requested, including, but not limited to, forwarding packages and scanning
documents.
14.5
The My UK Mail Member accepts that the prices stated on the Rates page
apply to most items of mail received. A Bulk/Heavy surcharge may apply
to items of mail that are larger and/or heavier than the stated dimensions
on the Rates page.
14.6
The My UK Member agrees to obey all applicables laws and/or regulations
both in the member's home country and in the United Kingdom/European
Union. The Member agrees to not knowingly use the service to send and/or
receive items of mail that have illegal or controlled contents, or contents
that could be dangerous to members of staff or other items of mail.
The My UK Mail Member will be solely responsible for any penalties or
fines resulting from a violation of this condition. In addition, the
My UK Mail member accepts that should he/she receive goods that are,
or My UK Mail Ltd suspects are, illegal, dangerous, controlled or otherwise
harmful, the My UK Mail member accepts that such goods could be immediately
disposed of, and the My UK Mail member accepts all charges associated
with the goods' disposal. My UK Mail Ltd also reserves the right to
immediate terminate the account of any My UK Mail member who receives
such goods outlined in clause 14.6.
14.7
If the My UK Mail member does not pay for services or subscriptions
rendered or due for a period of 14 days or more. My UK Mail reserve
the right to cancel the services. Once the Member's services are cancelled,
My UK Mail reserves the right to return to sender or destroy any items
of mail in the Member's mailbox. The Member forfeits all claims to items
of mail contained in a mailbox that has been cancelled.
14.8
Illegal activity (as determined by UK and EU law) is not permitted by
My UK Mail. Any legal fees incurred by My UK Mail enforcing the laws
of the United Kingdom and European Union against a Member or potential
Member will be the financial responsibility of the Member.
14.9
My UK Mail reserves the right to disclose personal information to the
Police, Trading Standards, debt collection agencies, or any other law
enforcement agency or official body.
14.10
All shipments sent by My UK Mail are covered for loss and/or damage
in transit to a maximum amount of £20 for shipments containing
documents only, or £100 for shipments containing merchandise.
If a customer wishes to enhance the compensation level on a shipment,
the My UK Mail member must request enhanced compensation from My UK
Mail prior to a shipment's dispatch. There may be an extra charge for
this service. The My UK Mail member is deemed to accept the limited
compensation amounts on a shipment of any value unless clause 14.10
is complied with.
14.11
In the event of a damage in transit, the My UK Mail member will notify
My UK Mail Ltd via email within three working days of delivery. In addition,
the person accepting the My UK Mail member's consignment must clearly
indicate DAMAGED on the proof of delivery (POD) when the package is
delivered. No claim for damage shall be accepted if 14.11 is not complied
with in full.
14.12
In the event of lost (or suspected lost items) in transit, the My UK
Mail member must inform My UK Mail Ltd that he/she suspects a shipment
is lost within seven working days of dispatch. No claim for loss shall
be accepted if 14.12 is not complied with in full.
14.13
Whilst My UK Mail Ltd will endeavour to check the acceptibility of products
in certain countries, the My UK Mail member is solely responsible for
ensuring that goods dispatched to him/her through the My UK Mail service
are acceptable in his/her home country. My UK Mail Ltd is not responsible
for fines, penalties, delays, confiscation or prosecution (civil or
criminal) of the My UK Mail member if goods exported to the member are
not acceptable in his/her home country.
14.14
My UK Mail Ltd reserves
the right to intervene in any way the company sees fit if there is a
suspicion a My UK Mail member is using the service for illegal or fraudulent
purposes.
14.15
The My UK Mail member agrees to take all reasonable steps to ensure
that third parties do not contact or attempt to contact My UK Mail Ltd
by telephone, email or in person relating to the usage of the My UK
Mail member's services. Should My UK Mail Ltd receive such communication
or attempted communication, My UK Mail Ltd reserves the right to levy
a charge to cover the cost of handling such communication, and/or terminate
the member's services.
14.16 Should
My UK Mail Ltd receive a chargeback notification for a member's previously
valid payment, My UK Mail Ltd reserves the right to terminate a member's
service with immediate effect, and return and/or dispose of packages
as appropriate.
14.17 If a member's
account expires and is not renewed, My UK Mail Ltd reserves the right
to discard and/or return any mail or packages that are held or received
after the expiration date.
14.18 Should
a My UK Mail member choose to discontinue his/her serves, he/she agrees
to take all reasonable steps to ensure the account does not receive
any further parcels or mail. If an expired account receives items, My
UK Mail Ltd reserves the right to levy a fee to cover processing of
such unwanted items.
14.19 The My
UK Mail member understands that payment for services is strictly in
advance. If My UK Mail Ltd performs services which are not paid in advance,
the My UK Mail member agrees to remit any overdue amounts immediately.
If an account balance is in debit for a period of seven (7) days or
longer, My UK Mail Ltd reserves the right to charge a late fee of £10
plus 5% of the overdue balance per month.
14.20 Clause
14.19 does not apply is the My UK Mail member is a business that has
been granted credit facilities by My UK Mail Ltd. In the event of credit
facilities being granted, payment is due 30 days from date of invoice.
In addition, a business member of My UK Mail will not be subject to
the late charges outlined in clause 14.19 and instead will be subject
to the statuatory charges as per the Late Payment of Commercial Debts
(Interest) Act 1998 as Amended and supplemented by the Late Payment
of Commercial Debts Regulations 2002.