MailPay Terms of Use
1. Status of Terms
1.1 These terms constitute a legal document ("the Agreement"), which sets out the rights and obligations between you as a member or advertiser ("you"), and MailPay Limited ("MailPay", "we" or "us"), in relation to the services and products offered by us through this site or any of the other sites owned by us. By registering to use the MailPay service, you agree to the terms of this Agreement and to any amendments to this Agreement as published on the MailPay website and you re-affirm that Agreement every time you use any of our services.
1.2 You agree to:
1.2.1 Provide true, accurate, current and complete information about you as prompted by our registration form or by any of our surveys (such information being the "Data"); and
1.2.2 Maintain and promptly update the Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MailPay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MailPay has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the MailPay site (or any portion of it).
1.2.3 Where any Advertiser or Member account is terminated by MailPay Limited for misuse in accordance with these terms and coditions the account holder shall immediately forfeit any rights to refund of any amounts paid to MailPay Limited. Where a member account is terminated the member shall also forfeit any credit balance accrued as at termination.
1.3 MailPay members are not permitted to create multiple accounts within the MailPay system. MailPay carries out checks to ensure that multiple accounts are not created by the same person. Where we reasonably determine that more than one account has been created by the same person each account held by that person shall be liable to suspension or termination resulting in the loss of any credits accrued.
1.4 Members are not permitted to create an account on behalf of any other person regardless of circumstance or relationship to that person. Where we reasonably determine this to be the case the member will be deemed to have created multiple accounts and section 1.3 shall apply.
2. Place of Performance and Applicable Law
Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. MailPay makes no representation that any product or service referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
3. Fees, Payments & Earnings
3.1 Fees payable by Advertisers for Email Marketing using "Mail Sender" are charged on a per message basis, For the purposes of this Agreement, each message sent through "Mail Sender" shall be deemed a chargeable item. Email campaigns broadcast through "Mail Sender" can not be stopped, recalled or prevented from being sent and as such no refund shall be due for any message sent using "Mail Sender".
3.2 Unless otherwise notified all Email Marketing fees incurred by Advertisers using Mail Sender shall be subject to a minimum charge of £5 being applied. Where the cost for broadcasting a message using Mail Sender is less than £5 (inc VAT) the total payable including VAT will be increased to £5 to cover our administration costs. A clear notification to that effect wil be displayed prior to entering our secure payment page which provides an option to cancel the transaction.
3.3 All payments to MailPay Limited must be made using a valid credit card accepted by MailPay Limited.
3.4 Payments made to MailPay Limited are non-refundable.
3.5 Earnings payable to members shall accrue in the form of "Credits" which can be used to claim items from our "Rewards List" which includes the option to claim cash by cheque or bank transfer. The value of a credit is .001 (1/100th) of a penny. Credits are not transferable and have no financial value outside the site.
3.6 Members shall be awarded credits each time they are sent an email by any advertiser who has paid to send the email via the MailPay Service or when anyone residing in their Buddylist is sent an email from a paying advertiser via the mailpay service.
3.7 Earnings rates: The rate at which credits are awarded to members will be based on the following two seperate payment rates;
3.7.1 A member receiving an email directly from an advertiser will earn credits at the "Member Credit Rate" equivalent to 25% of the per email fee paid by the advertiser.
3.7.2 A member whose "Buddy" receives an email from an advertiser shall be awarded credits at the "Buddy Credit Rate" equivalent to 25% of the per email fee paid by the advertiser. The buddy shall be awarded credits at the "Member Credit Rate".
3.7.3 Where the same advertiser sends the same email to multiple Buddies within a member's BuddyList the member will earn credits at the "Buddy Credit Rate" for each Buddy who receives the email.
3.8 Payment rates may change over time. Information regarding current applicable payment will be published within these terms and conditions of use.
3.9 In exceptional circumstances including but not limited to where any mail broadcast is recalled or where a system error occurs MailPay will be entitled to recall any credits awarded.
4. Reward Claims
4.1 A notice will be displayed on your web browser before you redeem a reward from MailPay (the "Claim Your Reward" confirmation notice). The notice contains important information such as the description and value (in credits) of the reward(s) being claimed as well as where the reward will be delivered. If the delivery address requires any amendment this can only be done by editing your member account address and reselecting the reward. Rewards can only be sent to the member's registered account address. Once submitted, claims cannot be changed or cancelled.
4.2 Where rewards are submitted for the transfer of funds direct to a nominated bank you agree that you are the account holder and that the details supplied by you to MailPay Limited are those of an account in your name. Once submitted, claims cannot be changed or cancelled.
4.3 Rewards supplied to you by MailPay Ltd will correspond with their details as advised at the point of submitting your claim (subject to E & OE). If at any time this is not the case MailPay will at it’s sole discretion offer a suitable alternative or credit your account with an equivalent number of credits to those used to allow you to claim an alternative item.
4.4 In the unlikely event that incorrect reward details are shown on our website. MailPay reserves the right to cancel any claim(s) received for the reward and to credit the member(s) account(s) with a similar number of credits as that used to claim the reward.
4.5 Members should allow up to 28 days for delivery of rewards claimed. Where claims for more than one item are received from the same member each item shall be treated as a separate claim, items may or may not be bundled together at the discretion of MailPay. Items claimed on the same date may not necessarily be delivered on the same date.
4.6 Where in the opinion of MailPay an item is unlikely to be available within a reasonable period of time for whatever reason MailPay reserves the right to offer a suitable alternative or credit your account with an equivalent number of credits to allow you to claim an alternative item.
4.7 If a reward has not been received within 28 days of submitting a claim the member must query the claim by using the "Rewards Claimed" form and sending a message relating to the claim using the "Help" button corresponding to the item claimed.
4.8 Where a reward item is despatched to a member using "recorded delivery", "signed for" or "special delivery" or any other similar service which requires a signature at the point of delivery it shall be deemed to have been delivered once a signature is obtained. Where no signature is obtained
4.9 To help keep our minimum claim value low MailPay does not send rewards using insured postal services. We use services which require a signature on delivery at our discretion but regardless of which service us used we can not be held liable for the non-delivery/replacement of rewards. On a case by case basis and at our sole discretion we may issue a replacement or re-credit the member account with equivalent points where we are satisfied that a reward has been lost in transit. Our decision shall be communicated to the member and shall be final and binding.
4.10 Payment(s) to a bank account shall be excuted as instructed by the member and in accrodance with 4.2. A bank payment will only be resent if funds are not received as the result of an error on our part.
4.11 MailPay credits are not transferable and may only be exchanged for items from the MailPay Rewards List.
4.12 Where an item claimed has been received damaged or has only partially received the member should inform MailPay using the same means as prescribed in 3.7 and within 7 days of receipt. As certain reward claims may be handled by third parties MailPay may request additional information before being able to progress the matter further.
5. Referrals
5.1 Referrers must use the recommend a friend form or the appropriate link(s) provided when referring friends to the site. Email invitations must not be sent to non members via the site wthout their consent.
5.1.1 MailPay provides referral "tools" to assist in the referral of others but does not endorse the sending of "SPAM" emails. MailPay Limited shall not be held liable for any direct or indirect, incidental or consequential damages or losses arising out of use of the "tools" provided.
5.2 In order to track referrals, the referee must must sign up to the MailPay service by clicking the appropriate link within the email sent to them as a result of a referral by an existing member. The referee must complete the registration process in full which will include the validation of any account created.
5.3 Each member account created must be validated by confirming receipt of an email sent to the member's registered email address. At the point of saving a new account a verification email is sent to the registered email address containing a link which must be clicked as proof of it's receipt. Until such time as a member account is validated it may be removed at any time without notice.
5.4 MailPay reserves the right to terminate any account(s) of referring members and/or referred members without giving reason or notice of termination.
5.5 Members may not invite themselves to join MailPay.co.uk as a "buddy" to any account which they already hold. Where a member creates an account as a buddy to themselves the buddy account will be terminated and the original member account will be liable to either suspension or termination at the discretion of MailPay Limited. In addition, where applicable we may at our discretion demote the original member account from a "premium" to "basic" account and remove any buddies linked to that account with the loss of any or all credits accrued.
5.6 Where a referral fee is offered for the introduction of a new members such fees shall only be accrued by the referring member where the referred member accepts the invite to become their MailPay buddy and where the referred member resides within the United Kingdom unless MailPay Limited publishes information on it's website clearly stating that members from other regions outside of the United Kingdom can partcipate in earning any referral fee(s) offered.
6. Content
6.1 MailPay shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
6.2 Certain links in this site (typically a banner advert, icon or link within an advertiser marketing message) will lead to sites, which are not under the control of MailPay. When you activate any of these you will leave the MailPay site and MailPay has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of MailPay.
6.3 MailPay will at it's sole discretion determine which contributions shall be deemed acceptable for transmission, broadcast or viewing by other users of the MailPay service including any material accessed using web links including any material stored externally to MailPay's own systems. Contributions must not:
6.4 Contain any material which is defamatory of any person.
6.5 Contain any material which is obscene, offensive, hateful or inflammatory.
6.6 Promote sexually explicit material.
6.7 Promote violence.
6.8 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
6.9 Infringe any copyright, database right or trade mark of any other person.
6.10 Be likely to deceive any person.
6.11 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
6.12 Promote any illegal activity.
6.13 Be threatening, abusive, cause annoyance, inconvenience or needless anxiety or invade another's privacy.
6.14 Be likely to harass, upset, embarrass, alarm or annoy any other person.
6.15 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
6.16 Give the impression that they emanate from us, if this is not the case.
6.17 Advocate, promote or assist any unlawful act.
7. Limitation of Liability
7.1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of MailPay.
7.2 Subject to clause 7.1, you agree that MailPay shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under MailPay’s direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where MailPay has been advised of the possibility of such loss or damage).
7.3 The only liabilities that MailPay can exclude are those arising from the following.
7.3.1 In cases where losses were not foreseeable to both parties when the contract was formed.
7.3.2 Where losses were not caused by any breach on the part of MailPay.
7.3.3 For any business losses, and/or losses to non-consumers.
8. Copyright, Trademarks & Intellectual Property
8.1 All trademarks acknowledged as belonging to their respective owners. Trademarks, service marks and logos displayed on this site are the property of their respective owner.
8.2 All other designs, text, graphics including their selection and arrangement on this site are the copyright of MailPay Limited or have been licensed for use within the website. Use of any materials on this site without the prior written consent of MailPay Limited is strictly prohibited.
9. Software
9.1 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced) you must not
9.1.1 Disassemble, reverse engineer, decompile or in any other way interfere with the Software;
9.1.2 Copy or modify the Software; or
9.1.3 Create any new Software partly or wholly based on the Software.
9.2 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
9.3 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
10. Matters Beyond our Reasonable Control
10.1 MailPay shall not be held liable for any breach of this Agreement caused by circumstances beyond its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes, acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
11. Cookies
11.1 A cookie is a very small text file placed on your computer or other device. Most, known as ‘session’ cookies are deleted as soon as you close your browser. Others, known as ‘persistent’ cookies are stored on your device either until you delete them or they expire.
We use cookies to help us understand your browsing habits, to gain information about the number of visitors to the site and the pages viewed and to remember you when you return. An example of how cookies can be used is if you ask us to remember your login details so that you don’t have to type them on each visit.
Where you follow any link provided by us to another website, the website you visit may also save cookies to your device. Although this is perfectly ‘normal’ we can not take responsibility for cookies created on your device by other websites, if you have any concerns please refer to the site in question.
If you wish you can chose to block or delete cookies through your browser settings. If you do this you may affect the performance of our website on your system.
If you have any concerns regarding the privacy of this site please e-mail admin@MailPay.co.uk
12. English Law
12.1 By accessing the Website you agree to accept that these Terms are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the Content.
13. Complaints
13.1 In the unlikely event that you have any complaints regarding any aspect of the MailPay site, please contact us by email using the “Contact Us” section of the site or forward your complaint in writing to:
MailPay Limited
Unit 24 Billing Arbours House
Heather Lane
Northampton
NN3 8EY
All complaints are taken seriously and will be investigated as soon as they are brought to our notice.
© 2009 MailPay Limited
