Terms and Conditions for the sale of Royal Mail Simple Ways to Grow packages
Who these terms and conditions apply to:
Royal Mail Group Ltd, a company incorporated in England and Wales number 4138203) with its registered address at 100 Victoria Embankment, London, EC4Y 0HQ (us or we); and
The person or company or organisation named on the Order (you).
1.1 These terms and conditions (Agreement) set out the terms under which we shall sell Simple Ways to Grow Products to you.
1.2 When we use certain words or phrases in this Agreement for the first time, they are shown in bold print and explained in the relevant part of this Agreement or in the following section:
the Charges payable by you to us in respect of the combination of Simple Ways to Grow Products you Order and any additional services Ordered by you as specified on the Website.
patents, trademarks and service marks, rights in business and trade names and get-up, copyright and neighbouring rights, topography rights, database rights, design rights, goodwill, trade secrets and confidentiality rights, rights in domain names, rights in know-how and all rights or forms of protection of a similar nature whether or not any of them are registered.
a completed application form for a Simple Ways to Grow Product submitted by you in accordance with clause 1.5.
Simple Ways to Grow Product
each of the Simple Ways to Grow packages, including additional services, as described on the Website.
a third party provider of a part of your Simple Ways to Grow Product.
any agreement which you enter into with a Supplier in relation to the provision to you by a Supplier of a part of your Simple Ways to Grow Product.
the Simple Ways to Grow Website at www.simplewaystogrow.com
1.3 Each Order shall be deemed to be a separate offer by you to purchase a Simple Ways to Grow Product in accordance with this Agreement, which we shall be free to accept or decline in our absolute discretion.
1.4 This Agreement is formed each time an Order received by us in the agreed form is accepted by us. Our acceptance of an Order shall take place once the direct debit arrangement, further described in clause 2.4, has been set up.
1.5 An Order may be submitted by you via our Website.
1.6 We may change the terms of this Agreement from time to time and will endeavour to notify you before any such change is made.
1.7 We reserve the right at any time to withdraw any Simple Ways to Grow Product from sale.
1.8 If you want to change from one of our Simple Ways to Grow Products to another, you may do so with our consent.
2 What and how you agree to pay
2.1 Unless the term is specified at 12 months on the Website we will continue to provide your Simple Ways To Grow product until you terminate this agreement as described in clause 11.2.
2.2 Throughout the Term, you agree to pay us the Charges in respect of the Simple Ways to Grow Product that we provide to you.
2.3 Unless otherwise specified on the Website, you will pay us the Charges monthly in advance.
2.4 You agree to and will take all necessary steps to fully cooperate with us in setting up a monthly recurring credit or debit card payment (and/or, if appropriate, a one off credit or debit card payment) for you to pay the Charges (and any applicable VAT).
2.5 If you Order more expensive Simple Ways to Grow Product during the Term, you agree that we may increase your monthly direct debit to cover the increased Charges.
2.6 The Charges are exclusive of VAT, which shall be added to your invoices for the Charges and payable by you at the then current rate.
3 What your responsibilities are
3.1 You shall:
3.1.1 nominate a person from your business to be responsible for all parts of your Simple Ways to Grow Product. This person shall be the point of contact between us and you and their position and contact details must be included when you complete your Order;
3.1.2 not allow anyone apart from you to use your Simple Ways to Grow Product (your Simple Ways to Grow Product is not transferable);
3.1.3 following your receipt of our activation email (as referred to in clause 4.2 below), activate each your Simple Ways to Grow Products, even if you do not intend to use them all right away;
4 What we are responsible for
4.1 We will answer your initial questions and help you set up your direct debit and fully activate the Simple Ways to Grow Product you have chosen. You can choose to get this help by e-mail exchange or by calling 0845 605 7023.
4.2 We will inform our Suppliers of what you are entitled to with regards to your Simple Ways to Grow Product.
4.3 Once we have confirmed your direct debit instructions we will send you an e-mail containing all the information you need to activate all parts of your Simple Ways to Grow Product.
4.4 We will support you throughout the process, although, once you have activated your Simple Ways to Grow Product with our Suppliers, the relevant Supplier will answer any questions directly related to their part of your Simple Ways to Grow Product.
4.5 We may add to and or change your Simple Ways to Grow Product and/or our Suppliers at our discretion in response to feed back from customers.
4.6 We will pay our Suppliers in respect of the parts of your Simple Ways to Grow Product that our Suppliers provide to you.
5 What we are not responsible for
5.1 We are not responsible for the quality of any Simple Ways to Grow Product provided by our Suppliers. You must activate all of your Simple Ways to Grow Products individually and follow the relevant Supplier's set up processes.
5.2 We have tested the services provided by our Suppliers for general use, but we shall not be responsible if a specific part of your Simple Ways to Grow Product does not meet your unique needs.
5.3 We take no responsibility for any services you may agree to purchase from one of our Suppliers that is outside the scope of your Simple Ways to Grow Product (such Agreement would exist solely between you and the relevant Supplier), nor shall we provide any assistance to you in relation to any services outside of your Simple Ways to Grow Product.
6 What our Suppliers are responsible for
6.1 Each Supplier is responsible for providing you with an element of your Simple Ways to Grow Product throughout your Term, dependant on the specific services that you choose to purchase.
6.2 Each Supplier is responsible for providing help and guidance in support of their element of your Simple Ways to Grow Product and has agreed to provide support via their Website or by telephone.
6.3 Each Supplier is responsible for resolving any problems directly related to their element of your Simple Ways to Grow Product, but cannot be held responsible for any part provided by another Supplier.
7 Resolving any issues with your Simple Ways to Grow Product
7.1 In the event that any element of your Simple Ways to Grow Product is not operating:
7.1.1 to your satisfaction; or
7.1.2 in accordance with the relevant Supplier's promised service levels (if any),
you should first contact the relevant Supplier and seek their assistance to resolve your issue.
7.2 In the event that you cannot get a satisfactory result from the relevant Supplier you should contact us either by e-mail to (email@example.com) or by telephone on 0845 605 7023.
8 Limitation of our liability to you
8.1 Subject to clause 8.4, we shall not under any circumstances be liable to you nor to any third party in contract, tort (including negligence or breach of statutory duty) or otherwise for any losses (including, but not limited to, loss of profit, loss of business, loss of goodwill, wasted expenditure, loss or corruption of data), costs, damages, claims, demands, liabilities or expenses (whether direct, indirect or consequential) arising from or in connection with the provision of any element of your Simple Ways to Grow Product provided to you by a Supplier.
8.2 Subject to clause 8.4, we shall not under any circumstances be liable to you nor to any third party in contract, tort (including negligence or breach of statutory duty) or otherwise for any indirect or consequential losses (including, but not limited to, loss of profit, loss of business, loss of goodwill, wasted expenditure, loss or corruption of data) arising from or in connection with our provision of a Simple Ways to Grow Product to you.
8.3 Subject to Clauses 8.1, 8.2 and 8.4, our aggregate liability under or in connection with this Agreement is limited to 25 % of the total Charges paid by you to us under this Agreement.
8.4 Nothing in this Agreement shall be deemed to exclude or limit either our liability in respect of death or personal injury caused by reason of our negligence, or any other liability which cannot be excluded or limited by law.
8.5 If we are unable to, or refuse to carry out our duties under the Agreement for any period due to circumstances outside of our control (including, but not limited to, any problems with or insolvency of our Suppliers, fire, flood, riot, public disturbance, sabotage, natural disasters and industrial action), we will not have any liability to you for any loss or damage you suffer as a result.
9 How we will safeguard your personal / business data
9.1 We and you shall at all times keep strictly confidential all information which is marked confidential, designated in writing as being confidential or which ought reasonably to be regarded by you or us as being confidential (and the provisions of this clause 9.1 shall survive expiry or termination of this Agreement).
9.2 We shall at all times comply with our obligations under the Data Protection Act 1998.
9.3 We may pass your personal data to our Suppliers in connection with this agreement and you consent to this.
10 Intellectual Property
10.1 You may not use our Intellectual Property without first getting our permission in writing.
11 Ending this Agreement
11.1 Unless agreed otherwise in writing, or terminated earlier in accordance with clause 11.2, this Agreement shall terminate automatically on the expiry the Term.
11.2 Except for products that have an indicated term on our website of 12 months, you or we may terminate this Agreement at any point without cause on the provision of 28 days written notice. In addition, we may terminate this Agreement without notice at any time if we consider that (for any reason, including your failure to pay any Charges when due) you have breached this Agreement.
11.3 On the expiry or termination of this Agreement:
11.3.1 you must immediately cease to use all parts of your Simple Ways to Grow Product; and
11.3.2 we provide no guarantee that any element of your Simple Ways to Grow Product will continue to be available.
12.1 A person who is not involved in this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it.
12.2 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between us and you, constitute us or you the agent of the other, nor authorise us or you to make or enter into any commitments for or on behalf of the other.
12.3 If any court with the correct authority finds any term (in whole or in part) of the Agreement to be invalid, illegal or unenforceable, this will not affect the other terms of this Agreement.
12.4 This Agreement is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the Courts of England and Wales.
By placing your Order you shall be deemed to have read and accepted this Agreement, an up to date copy of which shall be available on the Website.