WEBSITE TERMS OF USE

FRANCOTYP-POSTALIA LIMITED

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Who we are and how to contact us

www.fpmailing.co.uk, fpshp.fpmailing.co.uk and shop.fpmailing.co.uk (Site(s)) are Sites operated by Francotyp-Postalia Limited ("We"). We are registered in England and Wales under company number 02445645 and have our registered office at 74 Questor, Powder Mill Lane, Dartford, Kent, DA1 1EF. Our VAT number is GB285109005. References to us in these terms also includes our group companies from time to time.

To contact us, please email admin@fpmailing.co.uk or telephone us on 0344 225 2233.

By using our Sites you accept these terms

By using our Sites, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Sites.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Sites:

• • Our Privacy Policy which 
              sets out the terms on which we process any personal data we collect from
              you, or that you provide to us. By using our Sites, you consent to such
              processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out
              information about the cookies on our Sites.

If you purchase goods or rent our any goods from our Sites, our Terms and Conditions (https://www.fpmailing.co.uk/wp-content/uploads/2018/04/TCS-OF-SALE-CONSUMABLES.pdf or https://www.fpmailing.co.uk/wp-content/uploads/2018/06/Equipment-Rental-Ts-Cs.pdf) (as applicable) will apply.

We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use our Sites, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 21st June 2018.

We may make changes to our Sites

We may update and change our Sites from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our Sites

Our Sites are made available free of charge.

We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@fpmailing.co.uk.

How you may use material on our Sites

We are the owner or the licensee of all intellectual property rights in our Sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal use and you may draw the attention of others within your organisation to content posted on our Sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

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

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

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

Do not rely on information on these Sites

The content on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Sites.

Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sites are accurate, complete or up to date.

We are not responsible for websites we link to

Where our Sites contain links to other Sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those Sites or resources.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• • We do not exclude or limit in any way our liability to you where it would be
              unlawful to do so. This includes liability for death or personal injury caused by
              our negligence or the negligence of our employees, agents or subcontractors
              and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a
           result of the supply of any products to you, which will be set out in our Terms
           and Conditions: https://www.fpmailing.co.uk/wp-content/uploads/2018/04/TCS-OF-SALE-CONSUMABLES.pdf or https://www.fpmailing.co.uk/wp-content/uploads/2018/06/Equipment-Rental-Ts-Cs.pdf (as applicable).

If you are a business user:

• • We exclude all implied conditions, warranties, representations or other terms
              that may apply to our Sites or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort
              (including negligence), breach of statutory duty, or otherwise, even if
              foreseeable, arising under or in connection with:
    • use of, or inability to use, our Sites; or
    • use of or reliance on any content displayed on our Sites.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

• • Please note that we only provide our Sites for domestic and private use. You
              agree not to use our Sites for any commercial or business purposes, and we  
              have no liability to you for any loss of profit, loss of business, business
              interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital
              content belonging to you and this is caused by our failure to use reasonable
              care and skill, we will either repair the damage or pay you compensation.
              However, we will not be liable for damage that was caused by you failing to
              correctly follow installation instructions or to have in place the minimum
              system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our Sites

Any content you upload to our Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Sites if, in our opinion, your post does not comply with our acceptable content standards. As a non-exhaustive list, any post must not:

• • Be defamatory, obscene, offensive, hateful or inflammatory;
  • Promote explicit material, violence, discrimination or illegal activity;
  • Infringe any copyright, database right or trade mark of any other person;
  • Breach any legal duty owed to a third party such as a contractual duty;
  • Impersonate any person or misrepresent your identity; or
  • Contain any advertising or promote any services or web links to other sites.

You are solely responsible for securing and backing up your content.
 

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Sites. You should use your own virus protection software.

You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.

Rules about linking to our Sites

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Sites in any website that is not owned by you.

Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out above under Uploading content to our Sites.

If you wish to link to or make any use of content on our Sites other than that set out above, please contact admin@fpmailing.co.uk.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered

"Francotyp-Postalia", “Francotyp”, “TeleSet”, “Optimail”, “WebPost” and “PostBase” are UK registered trade marks owned and used by us. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our Sites as outlined above.