Please read these terms carefully…
BEFORE DOWNLOADING OUR APP.
This end-user licence agreement (EULA) is a legal agreement between you (you or your) and CFH DOCMAIL LIMITED of St Peters Park, Wells Road, Radstock, Bath, BA3 3UP (we, us or our) for the Dotpost mobile application, software and the data supplied with the software and the associated media (App).
Our App is free to use and allows you access to Dotpost our secure digital document delivery system (Dotpost System). In the App you will be able to receive and store documents from third-parties provided that you have authorised them to send documents to you. However, we cannot guarantee that all third parties will be able to send mailings to you via Dotpost.
It is your responsibility to ensure that you can access and maintain your Dotpost account (Account).
We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any app store provider or operator from whose site you downloaded the App. We do not sell the App to you. We remain the owners of the App at all times.
- You are responsible for checking that the App is compatible with your mobile or handheld internet enabled device(s), or computer and associated operating system (Device). We do not warrant that the App will work on every system, nor be compatible with any future updates to those systems.
- By downloading the App, you agree to the terms of this licence which will bind you.
- If you do not agree to the terms of this licence, we cannot license the App to you and you will not be able to download the App.
- You can cancel your use of the App at any time, but you are then responsible for removing third parties as senders and informing them they can no longer send documents to you via Dotpost.
You should print a copy of this EULA for future reference.
THE LEGAL TERMS
- The terms of this EULA apply to the App and the Dotpost System accessible through the App (Services), including any updates or supplements to the App or the Service, unless they come with separate terms, in which case those terms apply. Where open-source software is included in the App or the Service, the terms of the relevant open-source licence may override some of the terms of this EULA.
- We may change these terms at any time. Such changes will be effective without prior notice to you. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to be no longer in agreement or compliance with this EULA, you must uninstall the App and cease using it. Your continued use of the App following any revision to this EULA constitutes your complete and irrevocable acceptance of any and all such changes.
- From time to time updates to the App may be issued through the App store. Depending on the update, you may not be able to use the Services on your Device(s) until you have downloaded the latest version of the App and accepted any new terms. Updates may not necessarily include all existing features of the App.
- You will own the Device or be assumed to have obtained permission from the owner of the Device that is controlled, but not owned, by you to download or access a copy of the App onto or through that Device. You and they may be charged by your and their service providers for internet access on the Device. You accept responsibility in accordance with the terms of this EULA for the use of the App or the Service on or in relation to any Device, whether or not it is owned by you.
- By using the App, you consent to us collecting and using technical information about the Device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide the Services to you.
- Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
GRANT AND SCOPE OF LICENCE
- You may download a copy of the App onto multiple Devices to access, view, use and display the App on the Device or through the website for your personal purposes only.
- Any failure by you to comply with the terms of this EULA may (at our discretion) result in the suspension or closure of your Account and the termination of this EULA.
- Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App, or Account, but this does not prohibit you from altering the settings in your Account via our website at www.dotpost.com;
- not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities is:
- used only for the purpose of achieving inter-operability of the App with another software program;
- not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- not used to create any software that is substantially similar to the App;
- to keep all copies of the App secure;
- not to provide or otherwise make available object or source code in the App, in any form to any person without prior written consent from us.
- Except as expressly set out in this EULA or as permitted by any local law, you agree:
ACCEPTABLE USE RESTRICTIONS
- This App is for your personal use only and enables third-parties (Your Senders) to deliver or procure delivery of documents and correspondence (Documents), relating to your dealings with them, to your Account in the App.
- You must not:
- store documents belonging to others, whether or not received in error. If you do receive any such documents you must tell us immediately. We will endeavour to resolve the matter as soon as practicable, but we may need to suspend or close your Account in such circumstances, until a solution is found.
- use the App or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously;
- infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service.
- We will use your connection data to authenticate your user credentials and we may store such credentials on our systems for service configuration and service provision purposes. This information will not be accessed by us or any other party for any purpose.
- In order to use the App, you are required to register at www.dotpost.com. This requires a 16-digit code (activation code) which will be sent by letter to the address provided by your Sender(s). You will not be able to use the App until registration is complete.
- You must not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to notify us immediately of any security breach of your Account. We shall not be responsible for any losses arising out of the unauthorised use of your Account.
- You agree to provide accurate and complete information when you register with, and as you use, the App and you agree to update your data to keep it accurate and complete. You agree that we may store and use the data you provide for use in maintaining your Account.
- As part of our security processes, we will require you to log into your Account at www.dotpost.com at least once a year to ensure that:
- your Account remains active; and
- to verify your security details.
- We may impose limitations on the amount of storage space, temporary or otherwise, that we provide you for the storage of Documents and any other communications. We will make all reasonable efforts to ensure that Documents are backed up and restored if necessary. We reserve the right to make a charge for the storage of Documents which you choose to retain beyond our usual storage period, as notified to you.
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to the App in source-code form.
- We will use our reasonable endeavours to make the App and your Account available to you, 24 hours a day, seven days a week, except for planned maintenance periods which shall be at our discretion.
- You agree to report any faults and/or security issues to email@example.com.
- Support will be provided by email and web form in the first instance. If it becomes apparent that a telephone call is necessary to deal with your issue, arrangements for such a call will be made by email. Support is available from 9am to 5pm Monday to Friday, except for Bank Holidays.
LIMITATION OF LIABILITY
- To the fullest extent permitted by applicable law, the App and your Account is provided to you “as is” and “as available”. Your use (or inability to use) the App or your Account is at your sole risk. We do not warrant that the operation of the App or your Account will be uninterrupted or error free. You agree that we may change, suspend, remove, or disable access to the App or your Account at any time (whether temporarily or permanently) without notice. To the fullest extent permitted by law we disclaim and exclude all warranties, representations, conditions and other terms of its kind, express or implied and whether arising by statute, common law or otherwise. This condition does not affect your legal rights as a consumer.
- You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements. We do not warrant that the App will be compatible with any third-party software, applications or services.
- You agree not to use the App for any profit generating purposes, and we accept no liability to you for any loss of goodwill, loss of profit, loss of business, business interruption, or loss of business opportunity.
- Save in respect of condition 9.5 below, we accept no liability for any loss or damage (howsoever caused) that you suffer whether in contract, tort (including negligence) or otherwise, that is a result of our breach of this EULA.
- Nothing in this EULA shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English law.
- We may terminate this EULA and your use of the App immediately:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
- if you breach any of the Licence Restrictions in condition 3 or the Acceptable Use Restrictions in condition 4; and
- if we cease to provide the App.
- On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA; and
- you must immediately delete or remove the App from the Device(s), and (if requested) certify to us that you have done so.
- We may terminate this EULA and your use of the App immediately:
COMMUNICATION BETWEEN US
- Please note that after initial registration we will never contact you, or ask anyone to do so on our behalf, with a request to disclose your Account details (including your password). If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your Account details to them in any circumstances. You should report any such requests to us immediately.
- If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to CFH Docmail Limited at St Peter’s Park, Wells Road, Radstock, Bath, BA3 3UP and firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre- paid post to the address you provide to us or by delivering a “service notification” into your Dotpost Account.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including, but not limited to, any interruption to or failure of public or private telecommunications networks and power supplies, collapse of our buildings, fire, explosion or accident, acts of terrorism, acts of God, epidemic or pandemic, flood, drought, earthquake or other natural disaster or the lack of capacity or failure of your Device (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights under this EULA.
- You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.