Strata Mail Terms & Conditions
This Agreement is between you and Thomson Directories Limited and governs your use of the Strata Mail service. Please note that we do not store a copy of this Agreement against your name. We strongly recommend that you print this Agreement for future reference.
Interpretation
1. We means Thomson Directories Limited, and us and our have corresponding meanings
2. Commencement Date means the date that you place an order with the Strata Mail service
Payment
3. You must pay the initial charges for the Strata Mail service (as set out on the on the Commencement Date). We may set a maximum credit balance for your Strata Mail service account.
Your Information
4. We will keep a record of the volume and the postal services you request through the Strata Mail service for up to 28 days after submission. We may use this information to send you targeted information about products and services you may be interested in (if we have your consent) and/or for statistical analysis.
Termination Of Agreement And Suspension Of Your E Strata Mail Service Account
5. We may terminate this Agreement immediately by notifying you in writing (including by email) if:
We believe you have deliberately or repeatedly mailed or attempted to mail items that attract a cost due to inability to deliver
You commit any other material breach of this Agreement
Your Strata Mail service account is in negative balance
6. 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).
Warranties And Indemnity
7. You warrant that your use of the Strata Mail service will not involve the mailing of (i) any unlawful, libellous or abusive material; (ii) any material violating the intellectual property rights of a third party; or (iii) any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. You agree to indemnify us, our employees and agents for any liability arising from your breach of the warranties set out in this paragraph.
Exclusion Of Liability
8. 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 the Strata Mail service, 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.
9. To the extent permitted by law, and except as expressly set out in this Agreement 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 8 (including to the extent the exclusion in clause 8 is ineffective or invalid), is limited to the amount you have paid us by way of subscription charges for the Strata Mail service.
10. Notwithstanding clause 9, 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.
11. Nothing in this Agreement excludes or limits:
Our liability to you for any death or personal injury resulting from our
negligence;
Our liability to you for fraudulent misrepresentation; or
Any of your other statutory rights that cannot be excluded or limited
General
12. 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.
13. 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.
14. 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.
15. Subject to clause 14, this Agreement is the entire agreement
between you and us for your use of the Strata Mail service 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.
16. 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.
