Click & Drop™ Terms and Conditions
This document contains the following sections:
- Terms and Conditions for Online Business Account customers
- Terms and Conditions for personal customers
Terms and Conditions for Online Business Account customers
These Terms and Conditions govern your use of:
- Royal Mail Pro Shipping (including Royal Mail API Shipping (where relevant to your Account));
- Royal Mail Click & Drop (business customers only)
- References to “You” or “Your” are references to your company or organisation that has entered into the General Terms and is the registered organisation or company name for the Account.
- Any references to “We” or “Us” or “Our” means Royal Mail Group Ltd, a company incorporated in England and Wales (number 4138203) with its registered address at 185 Farringdon Road, London, EC1A 1AA.
PURPOSE AND OBJECTIVES
- In consideration of You buying the Parcels Services (as defined below), We are making available to You the Shipping Solution(s) (as defined below) that You have chosen to use for the Transaction (as defined below) subject to the terms and conditions set out herein.
- These Terms govern Your Access to, and Use of the Shipping Solution, and are in addition to the General Terms. These Terms, and Your Use of the Shipping Solution will cease immediately on the termination or expiry of Your Parcel Services being stopped for whatever reason.
- Subject to Us accepting your application to create your Account, We hereby grant You a non-exclusive, revocable, royalty free licence to Use the Shipping Solution(s) in accordance with the Terms. For the avoidance of any doubt, we owe no obligations to You in relation to these Terms until the registration of Your Account has been accepted by Us.
- Save as expressly set out in this Agreement, Your rights to Use these Services are solely for You and Your Users and for the purposes as set out in these Terms. You are not permitted to allow third parties to Use the Services or to carry out a Transaction (whether this is by making available the Shipping Solution to such third party or by reselling the Services).
- Your use of the Shipping Solution(s) binds You and the Users to observe and comply with these Terms.
- In these Term the following words and phrases will, unless the context otherwise requires, have the following meanings:
Access means access to the Account and the Site as appropriate for the Shipping Solution(s) that You are using;
Access Details means the User name and password that You have set up to obtain Access to the Account and the Site;
Account means the Online Business Account (OBA), or such other account created for and on Your behalf;
Customer Data means any documentation, data or information that You upload to the Site, (including Your customer’s data their first name, last name, address (including postcode) and where applicable telephone number, email address and any details about the Item that you are despatching;
Data Controller means data controller as defined in the Data Protection Legislation;
Data Protection Legislation means all applicable laws that relate to data protection, privacy, the use of information relating to individuals, and/or the information rights of individuals including, without limitation, the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice Interception of Communication) Regulations 2000, the Consumer Protection from Unfair Trading Regulations 2008, from 25 May 2018 the General Data Protection Regulations (EU) 2016/679 (“GDPR”) , and any relevant national laws implementing Directives 95/46EC, 2002/58/EC 97/66/EC and 2016/679, all as amended or replaced from time to time and including and data protection laws substantially amending, replacing or superseding the GDPR following any exit by the United Kingdom from the European Union;
Data Subjects means data subjects as defined in the Data Protection Legislation;
Documentation means the documentation, procedures and related materials made available by Us in connection with the Site and the Services (including any documentation facilitating the use of the Software);
General Terms means the Royal Mail General Terms and Conditions as found on https://www.royalmail.com and any related terms for any Products that you are buying;
Group means at any time the relevant person and (for the time being and from time to time), any holding company of it and any subsidiary of any such holding company (the terms "holding company" and “subsidiary” being as defined in section 1159 of the UK’s Companies Act 2006);
Intellectual Property Rights means intellectual property rights, including (without limitation) patents, trademarks, design rights, copyrights, database rights, trade secrets, trade names, goodwill, know-how, rights in computer software and all rights of an equivalent nature anywhere in the world, together with any applications or rights to apply for the foregoing;
Item means the product on or to which a Postage Label is printed or attached;
“Our System” “System” means Our computing systems and environment, consisting of hardware, software (including the Software) and communication networks that We use to provide You with the Services;
Personal Data means personal data as defined in the Data Protection Legislation;
Postage Label means a postage label created using the Online Shipping Platform(s) displaying a Postage Mark and the address of the recipient of the Item and that may indicate the address of the sender of the Item;
Postage Mark means a postage mark included in a Postage Label that indicates, among other things, that postage has been paid on an Item and which enables the sender of the Item to access certain postal services;
Processing means processing as defined in the Data Protection Legislation, and process and processing shall be interpreted accordingly;
Parcels Services means Royal Mail parcel services made available by Us to You in accordance with the General Terms and any specific product terms relating to the products that you are purchasing;
Royal Mail API Shipping means all aspects of the Royal Mail API Shipping service and Our System.;
Royal Mail Click & Drop means all aspects of the Royal Mail Click & Drop service and Our System, (including the Royal Mail Click & Drop server software and the trade mark "Royal Mail Click & Drop);
Royal Mail Materials means information, data, and all Documentation made available on, through the provision of the Services;
Royal Mail Pro Shipping means all aspects of the Royal Mail Pro Shipping service and Our System relating to Royal Mail Pro Shipping (including Pro Shipping server software and the trade mark "Royal Mail Pro Shipping);
Services means the services for the Shipping Solution(s) being provided under these Terms as briefly described in Clause 2 below;
Shipping Solution(s) means any one or more of Royal Mail Pro-Shipping, Royal Mail API Shipping and/or Click and Drop as used by You and as provided by Us as further described in the Specific Terms;
Site means the Royal Mail website or any other website operated on behalf of Royal Mail that enables for the Shipping solution(s);
Software means all computer software (including any underlying source code and any associated designs and Documentation files) made available to You from time to time on, through or via the Site or the Services;
Specific Terms means the specific terms which apply to Your use of any particular Shipping Solution(s) as set out in the Schedule of these Terms;
Terms means these terms and conditions together with any Specific Terms;
Transaction means each order of a Postage Label for an Item using the Shipping Solution(s);
Use means use of the Site and/or the Services by the Users to carry out a Transaction in accordance with the Terms;
User means an individual authorised by You to Access the Shipping Solution(s) on Your behalf subject to these Terms;
“Your System” means Your computing systems and environment, consisting of hardware, software and communication networks that You use to process and store the Customer Data and/or to create Postage Labels;
- any phrase in this Agreement introduced by the term "include", "including", "in particular" or any similar expression will be construed as illustrative and will not limit the sense of any words preceding that term;
- all headings are for reference only and shall not be used in interpreting or construing such clause;
- any reference to:
- paragraphs, clauses and Schedules are to the clauses, schedules and paragraphs to these Terms(unless otherwise stated);
- words in the singular include the plural and vice versa;
- a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
- a gender includes the other gender;
- a ’company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;
- 'writing' includes communication by email;
- legislation is a reference to that legislation as from time to time amended, extended, re-enacted or consolidated and all statutory instruments, orders, by-laws, directions and notices made pursuant to it whether made before or after the date of this Agreement; and
- any English legal term for any action, remedy, method or judicial proceeding, legal document, legal status, court, official, legal doctrine or any other legal concept or thing will, in respect of any jurisdiction other than England, be deemed to include that which most nearly approximates in that jurisdiction to the English legal term.
2. THE SERVICES
Upon Your acceptance of these Terms, We agree to supply You with the following Services in accordance with these Terms:
- provision of the Royal Mail Materials;
- Access to Your Account for the purposes of accessing the Shipping Solution;
- Use of the Shipping Solution specific to Your Account in accordance with the Specific Terms; and
- Any specific services relating to the Online Shipping Solution Platform that You are using as described in the Specific Terms.
3. ACCESS AND SECURITY FOR YOUR ACCOUNT
- After we have provided You with the relevant credentials to Access the Account. You will implement and maintain sufficient security procedures and measures (including those set out in the Documentation and in clause 10.5 below) to ensure that:
- Access details (including all passwords created to Access the Account) are kept strictly confidential; and
- any Users keep Access details confidential,
- You must notify us immediately in writing if, You or a User suspect that:
- any Access details or any security procedures are lost or misused or are disclosed to or are known by any person other than one of the Users,
- any Access details have been stolen, or
- there is any failure to comply with our instructions and guidelines.
- We are not responsible or liable for any wrongful use or security breach on Your Account, nor any losses incurred by You or Users where You have failed to comply with these terms and conditions.
- We reserve the right to suspend or invalidate the Access details at any time and at Our discretion without notice whether caused by failures in Your security measures and/or Your Systems or failures in Our Systems or security measures.
4. ENTRY INTO TRANSACTIONS
- These Terms will apply to each and every Transaction entered into by You. The method of entering into a Transaction is as set out in the Specific Terms.
- You shall ensure that all Users are aware of these Terms and follow such instructions and prompts as are shown on the Site or provided to You from time to time in order to carry out a Transaction.
- We will not be under any obligation to enter into or accept any proposed Transaction. A Transaction will only be treated as having been accepted by and being binding on Us to ship at the time We indicate our acceptance of it to You via the Site.
5. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
- All right, title, interest and Intellectual Property Rights in the Site, the Services and Royal Mail Materials belong to and shall remain vested with Us. Access to or use of the Site or the Services does not grant You or the User any ownership right in the Site, Services or Royal Mail Materials.
- To the extent that You may acquire any Intellectual Property Rights in the Site, the Services, Royal Mail Materials, any documentation provided by Us to facilitate use of the Site and any underlying Software, You shall immediately assign or procure the assignment of such Intellectual Property Rights to Us with full title guarantee (including by way of present assignment of future Intellectual Property Rights) and shall execute all such documents as We may consider necessary to give effect to this clause.
- We will have the conduct of all claims, disputes and proceedings arising from any third party claims in relation to Our Intellectual Property Rights (including any proceedings to which You are a party). We will, in our sole discretion, decide what action (including litigation, arbitration, mediation or compromise), if any, to take in respect of such claims, disputes and proceedings. We will not be obliged to bring or defend any proceedings in relation to any such Intellectual Property Rights.
- You shall not, and will not assist or facilitate any third party to:
- attempt to copy, modify, duplicate, create derivative works from, mirror, republish, download, display, transmit, distribute;
- attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form; or
- build, or attempt to build a product or service
from the Software and/or any Royal Mail Material. In addition, You shall ensure that You, Your employees, agents or any User does not delete or amend any copyright or other notices displayed on the Royal Mail Materials or any copies of them.
- Subject to clause 5.6 below, if You want to use any of our owned or licensed branding, marks or other intellectual property rights in relation to the Services, then except as expressly allowed under this clause, You may only do so with our prior written consent and only on the condition that Your use is in compliance with any of our branding guidelines.
- We reserve the right to, at any time, to require You to use or display any of our owned licensed branding, marks or other Intellectual Property Rights on or in relation to the Shipping Solution and/or on a Postage Label. If We require You to do this, We also reserve the right to direct You as to the form, content, look or feel of the branding, marks or other Intellectual Property Rights that We are requiring You to use or display.
- You and we will treat any information exchanged between us under these Terms as confidential and will not share any of its content with another person without the other’s written consent or where expressly stated in these Terms that such information can be shared.
6. WARRANTIES AND REPRESENTATIONS
- We have used our reasonable efforts to ensure that the Royal Mail Materials are compiled from sources that We believe to be reliable and accurate. We do not guarantee or warrant the accuracy or currency of the Royal Mail Materials and the Royal Mail Materials may be incomplete or condensed and may be subject to change without notice.
- All warranties and representation are excluded from these Terms to the extent possible in law, and Royal Mail does not warrant that the Site, the use of the Services or the Royal Mail Materials, will be uninterrupted or error free.
- Any Software forming part of the Royal Mail Materials is provided "as is".
- The Site may contain links to other websites, which in turn may contain material that has been produced by third parties not affiliated with us. We have no control over those other websites and accept no responsibility or liability for information or content provided on such websites.
- Any opinions or recommendations expressed on such other websites are solely those of the relevant third party and are not Our opinions or recommendations. The existence of a link from the Site to any other such website does not constitute a recommendation or other approval by Us of such website or any third party.
- You hereby acknowledge and agree that in order for You to receive the benefit of the Services You will need to provide us with Customer Data and in handling such Customer Data We will act as Data Controller (for the purposes of Data Protection Legislation).
- Each party shall, at all times, comply with its obligations under the Data Protection Legislation in performing its obligations under these Terms; and You will ensure that, whenever You provide Us with, or permit Us to access Personal Data for us to Process in performing our obligations under these Terms, such provision or access for that purpose is lawful and that We may lawfully so Process that Personal Data.
- Without prejudice to the generality of clauses 8.1 and 8.2 above, before providing us with or permitting us access to any Personal Data under these Terms, You will ensure that, or You will procure that the Data Subjects concerned:
- understand that We will be Processing their Personal Data;
- have been provided with such information as is required by the Data Protection Legislation regarding the collection, use, Processing, disclosure, and overseas transfer of their Personal Data;
- have provided their valid consent to our processing of their Personal Data under these Terms or that another legal basis for such Processing is satisfied; and
- are aware of their rights under the Data Protection Legislation and how to exercise these.
- You will, from time to time and on request, provide such evidence as We may reasonably request to demonstrate Your compliance with conditions 8.2 and 8.3.
- You shall indemnify us for any loss incurred by us in relation to Your breach of conditions 8.2 and 8.3 above.
9. LIABILITY AND INDEMNITY
- Nothing in these terms will exclude or limit any person's liability for death or personal injury caused by its negligence, or fraud, or any other liability that cannot be excluded or limited under applicable law.
- Subject to clause 9.1, any liability under these Terms relating to a Transaction made shall be solely to the extent of any liability that We have to You pursuant to the provision of Parcels Services and no additional liability is created by these Terms whether directly or indirectly in connection with:
- Your Access to or use of the Site, the Services or the Royal Mail Materials;
- any delay in or failure of the transmission or the receipt of any instructions, orders, notifications or other communications sent via or through the Site or the Services;
- any Customer Data or Royal Mail Materials being corrupted or inaccurate (whether in their delivery or receipt, by the Site, by the Services or otherwise);
- In addition to any liability that You may have under the General Terms You are responsible for and accept full liability for all the acts and omissions of You and the Users.
- You agree that the exclusions and limitations set out in these Terms are reasonable in light of:
- the nature of the Site and the Services and the technology used to underpin it (including, without limitation, that the Internet is not a completely reliable transmission medium), and
- the availability of insurance against the risks and losses which might arise in relation to Access and use of them.
- In the event of any inconsistency between this clause 9 and any other provision in these Terms, this clause 9 will prevail.
10. YOUR OBLIGATIONS
- You are responsible for the functionality or performance of Your System to ensure that You can benefit from these Services and the Shipping Solution. We will not supply, maintain or support Your System. In particular, We are not responsible for the quality of reproduction of a Postage Label, address or logo on an Item to the extent that the quality is affected by your System.
- You will ensure that Your System is connected to the internet and has one of the following browser applications installed on it: Internet Explorer, Mozilla Firefox, Safari and/ or Chrome. If you download and install any Software from us onto your Systems, you are responsible for ensuring it is compatible with Your Systems. We do not recommend that you have any other software loaded onto any PCs using our Shipping Solution
- You guarantee and warrant that all information that You provide to us is true and accurate at the time that such information is provided and can be relied upon to enable Us to provide the Services to You.
- You must provide us promptly on request with all information that We may reasonably require from time to time in connection with
- Your Access or Use of the Account and/or the Site and the Services, and
- any Transactions.
- You must comply with any of our policies and standards that We notify You as being applicable to Your use of the Services, including (but not limited to) the operational requirements set out in the Specific Terms. Without prejudice to the generality of the foregoing You must comply with any reasonable security standards and requirements notified by Us to You from time to time, including the following requirements:
- when interacting with Our System, You must authenticate the identity of Your System;
- in relation to the transport or exchange of messages between You and Us (or Our authorised representatives) You must use SSL/TLS and/or other ciphers approved by Us;
- You shall ensure that Your System is continuously protected against unauthorised access (remote or otherwise), malware attacks, malicious code, destruction or unauthorised alteration which may affect the Shipping Solution or Our Systems;
- You shall maintain a secure audit log of Users that You have given access to and retain such records for 1 (one) year after access has been terminated.
11. VIRUSES, HACKING AND OTHER OFFENCES
- You must ensure that You and any User does not:
- knowingly introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful into the Site or the Services (including, but not limited to the Software); or
- attack the Site or the Services (including the Software) via a denial-of-service attack or a distributed denial-of-service attack; or
- Use the Site or the Services (including the Software) for any purpose which is unlawful, abusive, libellous, obscene or threatening.
- A breach of clause 11.1 may constitute a criminal offence. We may report any such breach (whether actual or suspected) to the relevant law enforcement authorities and You and the users must co-operate with those authorities by disclosing Yours and the users' identity to them.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Yours or the users' computer equipment, computer programs, data or other proprietary material due to Use of the Site or Services or accessing or downloading any Royal Mail Materials.
- We will notify You of any amendments to these terms by notice on the Site.
- Any amendment will take effect on such date as We specify, and will be no earlier than when any applicable law or regulation may require, but otherwise may be immediately where the amendment is to reflect a change of applicable law or regulation and at least seven (7) days after despatch of the notice or posting on the Site. You will be deemed to have accepted any such amendment if You or a User continues to access and Use the Site or the Services after the relevant date.
13. ENDING OR SUSPENDING THESE TERMS
- Subject to any earlier termination in accordance with Clause 13.2 below, these terms will automatically terminate when the General Terms terminate.
- Either party may terminate these terms immediately if the other is breaching any of its responsibilities under these Terms.
- On any termination of these Terms for whatever reason:
- Yours and the Users' right to Use the Site and the Services will cease immediately; and
- We may terminate Yours and the Users' access to and use of the Account and/or the Site and Services and invalidate all or any relevant Access details.
- Termination for whatever reason of these terms, will not affect:
- any rights, liabilities or obligations which accrued before such termination: or
- any of these terms that are intended to continue to have effect after such termination.
14. MATTERS BEYOND OUR REASONABLE CONTROL
- Sometimes We may not be able to provide the Services or Access to the Account or Site because of something beyond our reasonable control (such as (without limitation) war, acts of terrorism, extreme weather conditions, earthquakes, fire, floods, traffic congestion, break down or damage to machinery, vehicles and equipment, networks or Software, malfunctioning of Software, corruption of data, unavailability of any power source or utility, any public or private road being blocked, or industrial action and the outcomes of it).
- If this happens, We will not be responsible to You and shall not be liable in any way for any losses arising from any failure or delay in performing or complying with these Terms. However, we will try to tell you promptly about any event which affects how We provide the Services. We may, without prior notice, terminate these Terms or suspend Yours and the Users' access to or Use of the Site and the Services without liability.
15. ASSIGNMENT AND THIRD PARTY RIGHTS
- The obligations under these Terms bind, and the rights will be enforceable by, You and Us and our respective successors, permitted assigns and personal representatives.
- We may at any time cause all or any part of Our rights, benefits and/or obligations under these Terms to be transferred to any member of Our group by delivering to You a written or email substitution notice to that effect. Upon delivery of such notice or (if later) the date specified in such notice.
- We may sub-contract the provision of the Services or the performance of any obligation or function and reserve the right to use any agents on such terms as We think fit.
- Your rights under these Terms are personal to You and are not capable of assignment, sub-licensing, novation or any other transfer.
- Except as provided in this clause 15, these terms are not intended to be for the benefit of, and will not be enforceable by, any person other than Us and You whether under the UK's Contracts (Rights of Third Parties) Act 1999 or otherwise.
16. COMMUNICATIONS AND ELECTRONIC RECORDS
- Any notice We ask You to provide under these Terms must be given in writing in English.
- Any communication in writing may be given by post, or email to the address, or email address last notified to us by You or, for communications given by Us, by posting on the Site
- Each provision of these terms is severable and if the whole or any part of any provision is or becomes illegal, invalid or unenforceable or contravenes any applicable law or regulations, this shall not affect the remainder of the affected provisions and the remaining provisions.
- Any waiver by Us of a breach of any of these Terms or of any default hereunder shall not be deemed to be a waiver of any subsequent breach or default and shall in no way affect any other provisions of these Terms.
- No failure to exercise and no delay on Our part in exercising any right, remedy, power or privilege under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.
- These Terms together with the Parcel Services terms and the General Terms contain the entire agreement and understanding of the parties, and supersede (to the extent they relate specifically to Your use of the Shipping Solutions), all prior agreements, understandings or arrangements (both oral and written) in relation to the Site and the Services. In agreeing to these Terms, You confirm that You have not relied upon any representation, warranty, collateral agreement, arrangement or understanding, whether written or oral, given or entered into by any person except those expressly set out or referred to in these Terms; provided that nothing in this clause 17.4 will limit or exclude any liability for fraudulent misrepresentation.
18. GOVERNING LAW AND JURISDICTION
- These Terms are governed by the laws of England. You and We submit to the exclusive jurisdiction of the English courts to settle any claim, dispute or matters arising out of or in connection with these terms.
The Shipping Solutions below allow you to carry out a Transaction and order a Postage Label. However, you can only order a Postage Label that is supported by that particular Shipping Solution. It is up to You to ensure that you are using the appropriate Shipping Solution for Your requirements.
A. ROYAL MAIL CLICK AND DROP
- The Royal Mail Click & Drop is a solution which has the ability to enable You to print a Postage Label directly onto Items on an "as required basis" . You will find more information regarding each element of the Royal Mail Click & Drop service at https://parcel.royalmail.com. Royal Mail Click and Drop has integration into multiple market places and online ordering channels details of which are on the Site. Royal Mail Click and Drop will automatically build a catalogue of the Items that you are generating Postage Labels for and remember the dimensions of such Item.
- Royal Mail Click and Drop also provides drop box functionality to enable CSV files that are placed in a specified folder by Your System, to be automatically imported, processed and Postage Labels created.
- Click and Drop enables you to manually enter shipments or import CSV shipment files to create Postage Labels. It provides an automated sales order process into Your Account for non-bill on scan Royal Mail services.
- For international items utilising this Shipping Solution, clauses 22.214.171.124 and 7.2.4 of the International Specific Terms shall not apply. For the avoidance of doubt, you remain responsible for the accuracy of the data you have submitted and we will rely on the data and information submitted.
B. ROYAL MAIL PRO SHIPPING
- Royal Mail Pro Shipping is a solution which imports Your customer orders and lets you create shipping rules for the provision of information for your customers. It enables You to enter a shipment manually or by importing CSV shipment files to create labels, multiple posting locations and silent printing (solely where the Software is used). It provides an automated sales order process into the Account for non-bill on scan Royal Mail products.
- The Royal Mail Pro Shipping solution comprises the ability to order and print postage and addresses directly onto Items on an "as required” You will find more information regarding each element of the Royal Mail Pro Shipping at https://proshipping.royalmail.com;
- Where agreed between us, We may prepare a specification for Royal Mail Pro Shipping that is unique and specific to Your requirements. There may be a fee payable for such development and implementation
- You may decide to have the additional functionality provided by Royal Mail API Shipping but this can only be used if You have Royal Mail Pro Shipping.
C. ROYAL MAIL API SHIPPING
- The Royal Mail API Shipping allows customers to send data directly into Royal Mail Pro Shipping. It is a service offered by Royal Mail to request the creation, update, and cancellation of Transaction and for printing international customs documents, creation and printing of a manifest.. The Royal Mail API Shipping offers the options of data streaming and offline barcoding to allow customers greater flexibility when generating their labels. It provides an automated sales order process into Your Account for non-bill on scan Royal Mail services.
- If You are using Royal Mail API Shipping You must comply with any rules or requirements relating to any load or transaction volumes (“Throttling”) that we may set out as applicable to the relevant. We will have no responsibility for any loss or damage You suffer as a result of any Throttling that We specify is required.
- The technical specification of the relevant Shipping Solution is set out in the appropriate Shipping Solution Documentation (“the Technical Specification”).
- Any implementation of the Technical Specification and any changes that you make to the method in which you implement the Technical Specification for your purpose must be carried out by You at Your own cost. Any testing carried out by us or failure to carry out testing as described in paragraph 2(iv) below does not waive Your responsibility under these Terms and in particular this clause.
- In the event that You do not implement the Shipping Solution in accordance with the Technical Specification and you suffer any loss or damage as a result of Your failure to implement the Technical Specification in the manner set out in the Documentation this will be Your responsibility and any costs associated with such repair will also be Your responsibility.
- Once implemented You must continue to comply with the Technical Specification and any changes that we make to the Technical Specification. We may also at anytime choose to carry out testing of your installation and operation of the Shipping Solution using our own testing procedures. This testing may check that the Shipping Solution meets the requirements of the relevant Technical Specification as well as information security vulnerability assessments and any other reasonable requirements we have in your particular circumstances.
- As the Technical Specification changes from time to time, We reserve the right to test the installation and operation of such changes. Any testing or failure to carry out such testing does not waive Your responsibilities under these Terms.
3. ONGOING USAGE RULES AND REQUIREMENTS
You must also comply with the services and usage specification
4. SUPPORT OF THE SHIPPING SOLUTIONS
- You acknowledge that We do not make any availability, uptime or similar service level commitments in relation to the performance of any Shipping Solution
- If You experience issues or incidents with the operation of the Shipping Solution that have an adverse effect on Your use of it (an “Incident”), We will provide You with support assistance in accordance with this paragraph 4.
- Upon discovering an Incident, You will use all reasonable endeavours to attempt to resolve and mitigate the incident yourself, independent of any assistance from Us.
- If, after using all reasonable endeavours to attempt to resolve the Incident yourself, You are still unable to resolve the Incident You may contact Our nominated representative for your account (“Support Request”).
- If We provide You with support assistance in relation to a support request, You must use best endeavours to provide Us with all assistance and resource that We need in order to provide such support assistance.
- We will not be required to provide support assistance to the extent We determine that an Incident is caused by Your System failure.
5. MAINTENANCE OF THE ROYAL MAIL SHIPPING SOLUTIONS
- We will perform maintenance in relation to the Shipping Solutions (and any related systems) that We consider necessary for the ongoing operation of the Shipping Solution.
- We will carry out any such maintenance at times (and for lengths of time) that We deem appropriate. We reserve the right to cause the Royal Mail Shipping solution to be unavailable at any time(s) that We are carrying maintenance.
- We will endeavour to provide You with reasonable notice of any unavailability of the Royal Mail Shipping solution due to maintenance.
6. CHANGES, UPDATES OR RELEASES
- From time to time We may make changes, or provide updates or new releases relating to the Shipping Solution, which will be implemented at a time determined by Us.
- We will try to give You as much notice as possible of any changes, updates or new releases.
- You must incorporate or integrate these changes, updates or new releases in accordance with any Technical Specification documentation that we provide by the time specified by us.
- If You do not accept or incorporate any change, update or new release to the Shipping Solution , We reserve the right to (at our sole discretion):
- Not to allow You to use and access the Shipping Solution; and/or
- Recover from You the reasonable costs incurred by Us in carrying out or procuring any Services relating to maintenance, support or management of the older version or release of the Royal Mail Shipping solution hosted on Your website or platform.
7. GOVERNANCE OF ROYAL MAIL SHIPPING SOLUTION
- We shall make available to You a nominated representative to help with the setup, testing and ongoing management of the Shipping Solution. We may remove and replace this nominated representative at any time and we will use reasonable endeavours to inform you of such changes.
- You must promptly nominate a representative of Your organisation who will be our primary contact for any issues or questions We may have in relation to the Shipping Solution and the method in which it has been integrated into Your System. You may remove and replace this nominated representative at any time; however, You must give us at least thirty (30) days advance written notice of any such change(s).
8. GENERATING A POSTAGE LABEL
- The following process applies to generating a Postage Label. Please note that once the Transaction is accepted by us and a Postage Label could have been generated by you, it can no longer be cancelled through Your Account and any request by You to cancel Your Transaction and seek a refund of a Postage Label will be subject to the General Terms.
- Step 1: You will need to submit an order for a Postage Label through Your Account.
- Step 2: Subject to clause 4.3, once you have submitted Your Transaction Your Postage Label will be generated and will then be available to print and use.
- Step 3: Once You have submitted your Transaction You may manifest it using the applicable Shipping Solution to update Your Account with the details relating to the Postage Label(s).
- Without prejudice to the generality of clause 10.2 You are responsible for ensuring that the correct information relating to an Item is inputted into Your Account in order to ensure that the correct Postage Label for an Item is generated and the corresponding charge for that Postage Label has been applied.
- If you cancel a submitted order from your Account that you; (a) have not manifested with your Shipping Solution (as applicable); or (b) that has not been auto-manifested by us in accordance with paragraph 8(iv) below, the order will be cancelled and You will not be charged for the relevant Postage Label(s). You will not be able to use any Postage Label(s) that You have so cancelled and if you do so, You may be subject to surcharges.
- From 6pm each day, we will automatically update your Account to reflect any order activity that has taken place on your Account during that day, including conducting an auto-manifesting of any Postage Labels generated in accordance with Paragraph 8(i) of this Schedule and not yet manifested by that time. This information will then be available in the shipping reports provided on the Shipping Solution.
- You must only print or attach a Postage Label on or to an Item so that the Postage Mark is placed in the top right hand corner on the front of the Item, unless specified otherwise. If you print or attach a Postage Label anywhere else on the Item, the Item may not be delivered or its delivery may be delayed
- A Postage Label may not be sold by you for use by anyone else and Your ordering of Postage Labels will not entitle you to discounts on any goods or services supplied by us
9. DISCRETION TO REFUSE ITEMS FOR POSTING
We may not be able to complete a posting in the following circumstances:
- the information You have provided relating to that Item is incorrect;
- you have cancelled the order of the Postage Label on the Item;
- the Postage Label on the Item is a duplicate of a Postage Label that has already been used on another Item;
- the Postage Label on the Item is obscured, defaced, incomplete or otherwise unscannable, unreadable or invalid;
- the Postage Label is not positioned so that the Postage Mark is placed in the top right hand corner on the front of the Item, unless specified otherwise; or
- where applicable, We collect an Item or You hand an item to an authorised drop off point (including Post Office®, a mail centre or a delivery office) for postage and You do not present the requisite documentation and/or information as indicated to You during your order journey on the Shipping solution .
Terms and Conditions for personal customers
We recommend that you retain a copy of these terms for your records.
This Agreement is between you and Royal Mail Group Ltd and governs your use of Royal Mail Click & Drop (as defined in clause 1 (Definitions) below). Please note that we do not store a copy of this Agreement against your name. We recommend that you print out this Agreement for future reference.
This Agreement should be read in conjunction with:
- If you are using Parcel Collect, the terms and conditions located at https://www.royalmail.com/collection#terms
Royal Mail Group Ltd's VAT registration number is GB243170002.
Royal Mail Group Ltd is a company registered in England and Wales, number 4138203, registered office: 185 Farringdon Road, London, EC1A 1AA . Parcelforce Worldwide is a trading name of Royal Mail Group Ltd. Parcelforce Worldwide' s principal office is Solaris Court Davy Avenue, Knowhill, Milton Keynes MK5 8PP.
In this Agreement, unless the context requires otherwise:
- Agreement means this agreement between us and you governing your usage of Royal Mail Click & Drop;
- Cancellation Period means the period of fourteen (14) calendar days beginning with the day after the day on which the purchase of the relevant Postage Label was made;
- Group means us and the following for the time being: our Subsidiaries, and our Holding Companies and their Subsidiaries (and "Subsidiary" and "Holding Company" shall have the meanings given in section 1159 of the Companies Act 2006);
- Harmonised System Code means the 10-digit number required by customs authorities to determine duties and other measures applicable to goods upon import and export.
- Item means a mail piece on or to which a Postage Label is printed or attached;
- Postage Label means a postage label created by Royal Mail Click & Drop displaying a Postage Mark and the address of the recipient of the Item and that may indicate the address of the sender of the Item;
- Postage Mark means a postage mark included in a Postage Label that indicates, among other things, the amount of postage paid on an Item and which enables the sender of the Item to access certain postal services;
- Postal Services Terms means the Successor Postal Services Company Inland Letter Post Scheme 2001, Successor Postal Services Company Overseas Letter Post Scheme 2001, Successor Postal Services Company Inland Parcel Post Scheme 2001 and the Successor Postal Services Company Overseas Parcel Post Scheme 2001 issued under section 89 of the Postal Services Act 2000, any other relevant Scheme and any contractual provisions contained in any separate contract(s) governing the supply of the postal services that you can purchase through Royal Mail Click & Drop;
- Royal Mail Click & Drop means all aspects of the Royal Mail Click & Drop service and system other than your hardware, including the Royal Mail Click & Drop server software and the trade mark "Royal Mail Click & Drop". The Royal Mail Click & Drop service comprises the ability to print postage and addresses directly onto Items by making an online payment on an "as required basis" (which may be updated, changed, withdrawn or unavailable from time to time, as notified or described on the Royal Mail Click & Drop Website from time to time).
You will find more information regarding each element of the Royal Mail Click & Drop service at http://parcel.royalmail.com
- Royal Mail Click & Drop Website means the website located at http://parcel.royalmail.com and associated links;
- Scheme means any scheme made under either the Postal Services Act 2000 or the Post Office Act 1969 in force from time to time;
- Third Party Shipping Software means the software provided by Hurricane Modular Commerce Limited, in particular Zephyr which provides data validation for Harmonised System Code and Item descriptions and Aura which provides screening software.
- We means Royal Mail Group Ltd, and us and our have corresponding meanings; and
- Working Day means any day which is not a Saturday, a Sunday or a bank or public holiday in the United Kingdom.
2. General Information
- The postal services that may be requested through Royal Mail Click & Drop will be provided pursuant to the Postal Services Terms.
- Relevant Schemes and our standard terms and conditions are available at http://www.royalmail.com/terms-and-conditions
- Some of the postal services may also have terms additional to the provisions referred to above which will be presented to you when you request the postal services concerned.
- The postal services chosen by you through Royal Mail Click & Drop for the conveyance of an Item will be provided pursuant to the Postal Services Terms.
- CLAUSE 15 (EXCLUSION OF LIABILITY) CONTAINS IMPORTANT PROVISIONS ABOUT OUR LIABILITY TO YOU IN RELATION TO ROYAL MAIL CLICK & DROP. PLEASE READ THEM CAREFULLY.
- Please note that the services covered by this Agreement may be unavailable from time to time, therefore we recommend that you access the Royal Mail Click & Drop Website regularly in order to check the availability of the services covered by this Agreement and also to ensure that you are aware of any updates and amendments made to such services.
- We reserve the right to amend this Agreement at any time and will notify you of such amendments.
- You can only purchase Postage Labels for postal services that are supported by Royal Mail Click & Drop.
- You cannot purchase Postage Labels unless the computer from which you are using Royal Mail Click & Drop is connected to the internet. Your computer must as a minimum also have one of the browser applications installed on it: Internet Explorer 9, Mozilla Firefox, Safari and Chrome.
- You are only permitted to use Royal Mail Click & Drop for your own personal use except where you are using Royal Mail Click & Drop in the course of a business, in which event you are only permitted to use Royal Mail Click & Drop for the purposes of that business. Notwithstanding the above, in no circumstances will you be permitted to use any of the services purchased through the Royal Mail Click & Drop Website in respect of third parties' mail.
- You are not permitted to allow any third parties (except a "nominated user" - someone that you technically allocate via Royal Mail with permissions to use your online postage account for the purpose of purchasing postage labels) to use the services that you have purchased through the Royal Mail Click & Drop Website (whether by making available or reselling such services, allowing a third party to have access to your account or in any other manner).
- If you have any questions, comments or complaints about the Royal Mail Click & Drop service, you can call our customer service line on 03456 113 425.
3. Forming a binding agreement with us
- Set out below is a summary of the steps you will need to follow in order to purchase postal services using Royal Mail Click & Drop.
4. Purchase of Postage Labels
- Step 1: Either:
- if you are using Royal Mail Click & Drop to purchase a Postage Label for the first time, a non-registered user, or if this Agreement has been amended by us since your last purchase of a Postage Label using Royal Mail Click & Drop, provided that you agree unconditionally to the terms and conditions set out in this Agreement, you will be asked to tick the box in order to confirm your agreement; or
- if you are a registered user and have already used Royal Mail Click & Drop to purchase a Postage Label and this Agreement has not been amended by us since your last purchase of a Postage Label using Royal Mail Click & Drop, you will be presented with a statement from us confirming that the purchase of a Postage Label you are about to make using Royal Mail Click & Drop is subject to the terms and conditions of this Agreement and you will be given the opportunity to read the terms of this Agreement again by clicking on a link to them. You will not be requested to re-tick a box confirming your acceptance of this Agreement unless the terms of this Agreement have been amended by us since your last purchase of a Postage Label using Royal Mail Click & Drop . Please note that by agreeing to the terms and conditions set out in this Agreement, you are accepting them in either your personal capacity or in the course of a business (as applicable).
- Step 2: Where there are any additional terms and conditions that apply to the Postage Label, such additional terms and conditions will appear on your screen as a link.
- Step 3: You will then be given the opportunity to submit an order for a Postage Label by clicking on the relevant payment button.
- Step 4: On receipt of your confirmation of the details of your order, We will begin processing your order. The purchase of the ordered Postage Label is deemed to be complete and a legally binding agreement will have been formed between us and you when We send you notification by email that your order has been received and that your payment has been authorised.
- Where any payment you make for any Postage Label is not authorised you will be returned to the previous page on the Royal Mail Click & Drop Website and We will not be obliged to provide any of the services you were seeking to order via the Royal Mail Click & Drop Website.
- When using Royal Mail Click & Drop you may engage with the Third Party Shipping Software which will review the data and information you have provided for your item and, where appropriate, suggest amendments to the data and information you provide. You acknowledge and accept that the Third Party Shipping Software is not fully accurate so you are must check any suggestions made match your Items.
Where the Third Party Shipping Software does not make any suggestions that you believe to be complete and accurate to your item you are not required to engage with it.
- The purchase price of products will be our stated prices in force at the time when the order is accepted as set out on the Royal Mail Click & Drop Website and as amended by us from time to time. The only exception to this is where there is an error on our website. If we discover an error in the price of products you have ordered we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid, you will receive a full refund to the original method of payment used by you.
- Payment for an order should be made immediately, in full, at the time you place your order with us. Payment can be made by credit or debit card or using your PayPal account.
- You are responsible for ensuring that the correct information relating to an Item is inputted during your purchase journey for the postal services using Royal Mail Click & Drop in order to ensure that the correct Postage Label for an Item is generated and the corresponding charge for that Postage Label and the postal services has been applied. If any of the information you have provided relating to that Item is incorrect (including, but not limited to if you use a different Item drop-off or collection option than the one you selected during your purchase journey for the postal services using Royal Mail Click & Drop) then we may charge additional fees to cover the difference between what you have paid and what you should have paid had you provided the correct information, and you irrevocably authorise us to debit your credit card, debit card or PayPal account the amount of any such additional fees.
- No VAT is payable on the purchase of Postage Labels through the Royal Mail Click & Drop Website. Please note that for services that are subject to VAT, all prices quoted on the Royal Mail Click & Drop Website are inclusive of VAT. Prices for the Royal Mail Click & Drop services may change from time to time. We recommended that you access the Royal Mail Click & Drop Website regularly in order to ensure that you are aware of the most up to date prices.
6. Postage Labels
- A Postage Label will expire at 11.59 p.m. seven days after its purchase.
- You are responsible for ensuring that the correct value Postage Label is used. No credit or refund will be made if a Postage Label of greater value than that required is purchased.
- You must only print or attach a Postage Label on or to an Item so that the Postage Mark is placed in the top right hand corner on the front of the Item, unless specified otherwise. If you print or attach a Postage Label anywhere else on the Item, the Item may not be delivered or its delivery may be delayed.
- A Postage Label may not be sold by you for use by anyone else.
- Your purchases of Postage Labels will not entitle you to discounts on any goods or services supplied by us.
7. Cancellation of a Postage Label
- Please note if you are using Royal Mail Click & Drop or any of the postal services purchased through Royal Mail Click & Drop in the course of a business, the cancellation rights outlined in this clause 7 will not apply to you.
- If you are a consumer, you have a right to cancel this Agreement within the Cancellation Period without giving us any reason for doing so.
- However, you will not have any right to cancel your purchase of a Postage Label if you have already used it and posted the corresponding Item, or if we have refused the relevant Item for posting as set out in clause 10 below.
- You may cancel your purchase of a Postage Label by giving notice to us during the Cancellation Period. You can give us notice by using the Cancellation Form set out at Appendix 1 or sending your request in writing by post to us at Royal Mail Click & Drop Cancellations, FREEPOST, PO BOX 444, Brampton, Barnsley S73 3AW.
- When contacting us by post, please make sure that you give us sufficient details to be able to identify your purchase including: customer name; email address; PayPal account number or the last 4 digits on the credit/debit card used for payment; order number; value of purchase; date of purchase; and postage indicia numbers.
- We will refund the value of the Postage Label to your PayPal account or to your credit card or debit card that was used to make the purchase within a period not exceeding fourteen (14) days beginning with the day after the day on which the notice of cancellation was given. We recommend you keep the Item on or to which any cancelled Postage Label is printed or attached.
- For advice about your rights please contact your local Trading Standards department or Citizens Advice Bureau.
8. You have rights if there is something wrong with the Postage Label
1. If you think there is something wrong with your Postage Label (excluding where this may be due to a fault in your hardware pursuant to clause 9), you can call our customer service line on 03456 113 425. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. For advice about your rights please contact your local Trading Standards department or Citizens Advice Bureau.
- For the avoidance of doubt, We are not responsible for the functionality or performance of the hardware you use to use Royal Mail Click & Drop and will not supply, maintain or support such hardware. In particular, We are not responsible for the quality of reproduction of a Postage Label, address or logo on an Item to the extent that the quality is affected by your hardware.
10. Discretion to refuse Items for posting
- We reserve the right to refuse an Item for posting if:
- the Postage Label on the Item has expired;
- the Postage Label on the Item is of an insufficient value for the postal service requested for it;
- you have cancelled the purchase of the Postage Label on the Item;
- the Postage Label on the Item is a duplicate of a Postage Label that has already been used on another Item;
- the Postage Label on the Item is obscured, defaced, incomplete or otherwise unreadable or invalid;
- the Postage Label is not positioned so that the Postage Mark is placed in the top right hand corner on the front of the Item, unless specified otherwise; or
- where you hand an Item into a Post Office® for postage and you do not present the requisite documentation and/or information as indicated to you during your Royal Mail Click & Drop purchase journey on the Royal Mail Click & Drop Website.
11. Your information
- We will keep a record of the volume and types of postal services you request through Online Postage. 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.
12. Termination of Agreement and suspension of your access to Royal Mail Click & Drop
- We may terminate this Agreement and your use of Royal Mail Click & Drop immediately by notifying you in writing (including by email) if:
- We believe you have mailed or attempted to mail an Item of a type referred to in any of paragraphs 10.1.1 to 10.1.7 inclusive of clause 10 (Discretion to refuse Items for posting); or
- Without limiting clause 12, We may suspend your access to Royal Mail Click & Drop for up to twenty eight (28) days if We believe any of the events in clauses 12.1.1 or 12.1.2 may have occurred.
- In addition to the termination rights set out in clause 12.1 above, We will have absolute discretion to suspend or terminate this Agreement and your use of Royal Mail Click & Drop at any time if we suspect that you have committed a fraudulent act whilst using Royal Mail Click & Drop or have used Royal Mail Click & Drop for any other dishonest or immoral purpose.
- In addition to your rights to terminate set out elsewhere in this Agreement, You may terminate this Agreement if we commit a material breach of this Agreement and (if capable of remedy) fail to remedy such breach within thirty (30) days of being required to do so.
- You are responsible for the security of the password that allows you to access Royal Mail Click & Drop and purchase Postage Labels. 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 Royal Mail Click & Drop under your user name and password.
14. Postal Services Terms
- Nothing in this Agreement excludes or limits your rights or obligations under the Postal Services Terms.
- Your entitlement or otherwise to compensation for lost, damaged or delayed Items is subject to the provisions of the relevant Postal Services Terms.
15. Exclusion of liability
- To the fullest extent permitted by law, and except as expressly set out in this Agreement, We exclude all representations and warranties relating to our provision to you of Royal Mail Click & Drop.
- With the exception of any liability referred to in clause 15.4, our total aggregate liability to you under or in relation to this Agreement including (but not limited to) liability for breach of any term or terms of this Agreement, 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 Royal Mail Click & Drop and ten thousand pounds sterling (£10,000).
- Notwithstanding clause 15.2, to the fullest extent permitted by law We exclude all liability to you for indirect and consequential losses and for any:
- loss of business;
- loss of goodwill;
- loss of data;
- loss of opportunity;
- loss of profits,
- whether or not any such losses were foreseeable, arose in the normal course of things or We were advised of the possibility of such losses; and
- losses that were not reasonably foreseeable by both parties at the time this Agreement was entered into which you may suffer or incur.
- Nothing in this Agreement excludes or limits:
- our liability to you for any death or personal injury resulting from our negligence;
- any of your other statutory rights as a consumer that cannot be excluded or limited; or
- any rights you may have under the Postal Services Terms.
- 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.
- If any provision or part of a provision, of this Agreement is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of this Agreement and the remainder of this Agreement will apply as if the offending provision or part-provision had never been agreed.
- You may not transfer any of your rights or obligations under this Agreement without our prior written consent and We may not transfer any of our rights or obligations under this Agreement without your prior written consent, although We may transfer any of our rights or obligations under this Agreement to another company in our Group without your consent.
- representations; and
- understandings, in relation to your use of Royal Mail Click & Drop, in each case whether these have been made orally or in writing.
- 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, except where any representation has been made by or on behalf of the other party fraudulently.
- This Agreement and any non-contractual obligations or liabilities arising out of or in connection with the performance of this Agreement is governed by and will be construed in accordance with English law. Each party submits to the exclusive jurisdiction of the Courts of England and Wales.
- The headings in this Agreement are included for convenience only and will not affect its interpretation.