Simply-Postcode-Lookup
End User License Agreement
|
By
opening an account with Simply-Postcode-Lookup Service You are entering
into a legally binding contract with Comtek Accounts Limited, whose
registered address is Venture House Venture Court,
Boleness
Rd., Wisbech, Cambs, PE13 2XQ. This contract is subject to the terms and
conditions below. We
would advise that You print off and retain a copy of this Agreement for
your future reference. |
1.
Definitions
In
this Agreement the following words and expressions shall have the following
meanings:
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AccountID
|
is
a unique code which is based on the e-mail address of the Customer . The
Customer may request a change of AccountID at any time. |
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Application
Definitions
|
Definitions
used by the Software to interface to third party applications. |
|
Bulk
Data Hygiene |
Means
the cleaning of multiple Data Records in one operation. |
|
Customers
Account |
a
means of viewing Customer details and managing the account from the
Website. |
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Customer
|
A
person (whether an individual, a company, a partnership or other entity)
who installs the Software to a computer and/or purchases a License to
access the Lookup Service. |
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Contract
|
is
this Agreement. |
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Credit
|
is
the entitlement of the Customer to download one Delivery Point from the
Lookup Service. |
|
Credit
Pack |
a
package of multiple Credits valid for a License Period, which is pre
purchased from the Provider via the Website . |
|
Data |
means
the database known as PAF, and/or PostZon and/or Alias. |
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Database
|
the
database of Delivery Point information used by the Provider to provide the
Lookup Service. |
|
Data
Capture |
means
the use of the Data or a Product or Service to generate a Record. |
|
Data
Hygiene |
means
any activity which involves the processing of existing Records in a
collection of data, held or capable of being held in a computer memory
using the data or a Product or Service and includes: 1.
the verification of a record as being the same as the entry in the
data; 2.
the amendment of a record to correct the address so that it
contains the same information as the entry on the Data; 3.
the standardisation of a record into a “PAF format” 4.
the flagging or marking of a Record as being the same as the data; 5.
adding further information derived from the Data to a Record; and 6.
extracting duplicate Records; |
|
Delivery
Point |
an
address, postcode or other information contained within the database and
supplied to You as part of the Lookup Service. |
|
Delivery
Point Query |
the
Customer’s request for a Delivery Point from the Database.
|
|
Data
Key |
a
sequence of numbers used to identify the AccountID when allowing access to
the Lookup Service. |
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PAF |
means
the database, or any part of it, known as “Postcode Address File”
containing all known address and postcode information in the United
Kingdom as may be amended from time to time.
‘PAF’ is a registered trade mark of the Royal Mail. |
|
Password
|
a
combination of characters selected by the Customer to verify Your
identity. |
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Per
Click |
means a mechanism to count the number of
Transactions. |
|
Postcode
|
an alphanumeric sequence which uniquely identifies one or more
addresses and assigned by the Royal Mail Group plc (“Royal Mail”). |
|
Product |
means any software or services to give access to the
Lookup Service. |
|
Provider
|
Comtek
Accounts Limited trading as Simply-Postcode-Lookup. |
|
Price
List |
list
of charges and payment methods for the Lookup Service, as detailed on the
Website. |
|
Internal
Use Per Click package |
Means
a Product whereby the User accesses the PAF data by way of limited number
of Delivery Points for Internal use only. |
|
Internal
License |
a
license to be used for Internal Use. |
|
Internal
Use |
means
used within an organisation for capturing address information for the
purpose of populating a database or to send/provide Goods/Services. |
|
License
Period
|
the
period for which a Credit Pack/License is valid, as detailed on the
Website. |
|
License |
means
the license granted subject to the terms and conditions of this agreement
and a generic term to cover Credit Pack, User License, Multi System
License and System License. |
|
Lookup
Service |
the
processing of Delivery Point Queries which result in one or more Delivery
Points being made available to You. |
|
Reasonable
Use |
means
use of the system which is not abnormally excessive to effect the
performance of other users. |
|
Record |
means
an individual entry in or to be made in a collection of data containing a
Delivery Point or details of part of a Delivery Point.
A Record may also contain business or consumer name. |
|
Reseller |
a
company who resells the lookup service/software to an end customer. |
|
Reseller
Account |
a
means of viewing Reseller details and managing the account from the
Website. This also
allows the reseller to manage customer accounts. |
|
Multi
System License |
an
individual legal entity trading under one name, which has unlimited user
access to the Lookup Service. |
|
Service
Recipients |
means
a recipient of products or services from the end Customer, whether a
fee-paying customer or otherwise. For the avoidance of doubt, such
recipient must be a third party and not a representative of the Customer
itself. |
|
Service
|
means
any service, in connection with the Data. |
|
Software
|
the
computer programs, macros, scripts & data downloaded from the Website,
which enable You to access or use the Lookup Service. |
|
System
License |
an
individual legal entity trading under one name, which has up to 102 users. |
|
User
|
a
person/individual authorized by a Customer to use the Lookup Service
through the Customer’s Account. Each
user is a individual workstation, terminal, handheld device or similar
device. |
|
User
ID |
a
means of identifying a user of the system using computer name. |
|
User
License |
a
license for one or an agreed number of user/users of the lookup service. |
|
Website
|
the
Provider’s website at www.simply-postcode-lookup.com from which the
Provider will provide the Lookup Service. |
|
Web "Popup" Postcode
Lookup |
a small script that when added to a
web site, offers a Postcode search facility, with address selection. |
|
Web
License |
a
license to be used for Web Use. |
|
Web
Use |
means
used on a web site to capture/amend the service recipients address, on the
customers web page, to provide services or goods. |
|
You
(and Your) |
a
Customer or User of the Lookup Service. |
2.
The Service
|
2.1
|
Once
the Customer registration has been submitted to and accepted by the
Provider, the Customer will be given 30 days to trial the Lookup Service,
with no charge. During
this period the Provider may restrict the Customer to a subset of the
Database comprising a single Postcode District. |
|
2.2
|
The
Service is provided solely for Your own use under the terms set out in
section 11.2 of this Agreement. You are explicitly prohibited from
copying, reproducing, publishing, selling, leasing, lending, extracting,
reutilizing or otherwise parting with possession or control of, or
relaying or disseminating Delivery Points. You are also prohibited from
marketing or otherwise distributing the Lookup Service and/or Software
without the explicit written permission of the Provider. |
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2.3
|
The
Customer hereby acknowledges that it will be liable to and will indemnify
the Provider for any loss the Provider suffers arising from a breach of
section 2.2. whether caused by the Reseller, Customer or a User |
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2.4
|
The
Provider reserves the right to vary the technical specifications and
interfaces of the Lookup Service at anytime, or change AccountID, Data
Keys or Passwords, giving the Customer/Reseller as much notice as is
practically possible, if it will seriously affect the functionality of the
Lookup Service and/or Software. |
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2.5
|
The
Provider reserves the right to check the identity (IP address or URL) of
the Customer or User which is using the Lookup Service, to determine that
the Lookup Service is being used in accordance with this Agreement. |
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2.6
|
It
is the Customers responsibility to receive e-mail based on the AccountID,
especially with regard to section 4.6. |
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2.7 |
The
Provider reserves the right to terminate any evaluation of the Lookup
Service without notice |
3.
The Software
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3.1
|
All
rights including intellectual property rights in the Software and the
Website belong to the Provider. |
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3.2
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The
Customer may download the Software from the Website and copy it to the
extent necessary for the Customer and Users authorized by the Customer to
use the Lookup Service. |
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3.3
|
The
Software may not be decompiled, modified, sub-licensed, rented, or leased.
The Customer’s license to use the Software in accordance with Agreement
is not transferable. |
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3.4
|
The
Application Definitions may not be copied to use in any third party
software, and remain the intellectual property of the Provider. |
|
3.5 |
The Customer, when using the Postcode Lookup service via Web Service,
must make sure each user is identified by a unique computer name, in each
call to the Lookup Service if used internally. |
4.
Web Use Per Click License
|
4.1 |
The Customer may use the lookup
Service as provided on a non-exclusive, non-transferable, revocable basis,
for the period stated in 4.5 in accordance with the terms of this License
Agreement.
|
|
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4.2
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The
price for the Credit Packs is set out on the Website. |
|
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4.3
|
Each
Delivery Point supplied to You will reduce the Customer’s current active
Credits Pack by 1 credit |
|
|
4.4
|
Excessive
Delivery Point Queries will result in a reduction of the current active
credits pack by 1 credit |
|
|
4.5
|
Each
Credit Pack will expire after 12 months, and any unused credits will
expire. |
|
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4.6
|
Low
Credits warnings will be sent to the AccountID, e-mail address and is
returned as part of the Lookup Service. |
|
|
4.7 |
Payment
will be made within 7 days of Purchase |
|
|
4.8 |
The
Credit Pack will be put on stop if not paid for by the due date, and will
remain on stop until payment is received |
|
|
4.9 |
Credit
packs purchased shall: |
|
|
|
4.9.1 |
Only
use the Credit Packs for the purpose of capturing, verifying, updating or
amending Service Recipients details entered by Service Recipients on the
customers website |
|
|
4.9.2 |
Operate
and use the Credit Pack in conjunction with that Customers website
offering products and/or services to its Service Recipients; and |
|
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4.9.3 |
Use
the Credit Packs to capture its Service Recipients address for the purpose
of dispatching a product or service that is offered on the customers web
site and not for any other purpose. |
|
4.10 |
The
Customer must no pass on any part of the Data obtained as a result of
using this license to any third parties. |
|
5.
Web Use Unlimited Per Click License
|
5.1 |
The Customer may use the lookup
Service as provided on a non-exclusive, non-transferable, revocable basis,
for the period stated in 5.4 in accordance with the terms of this License
Agreement.
|
|
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5.2
|
The
price for the Credit Packs is set out on the Website. |
|
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5.3
|
Allows
Reasonable Use unlimited access the Lookup Service. |
|
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5.4
|
Each
License will expire after 12 months. |
|
|
5.5 |
Payment
will be made within 7 days of Purchase |
|
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5.6 |
The
Credit Pack will be put on stop if not paid for by the due date, and will
remain on stop until payment is received |
|
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5.7 |
Credit
packs purchased shall: |
|
|
|
5.7.1 |
Only
use the Credit Packs for the purpose of capturing, verifying, updating or
amending Service Recipients details entered by Service Recipients on the
customers website |
|
|
5.7.2 |
Operate
and use the Credit Pack in conjunction with that Customers website
offering products and/or services to its Service Recipients; and |
|
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5.7.3 |
Use
the Credit Packs to capture its Service Recipients address for the purpose
of dispatching a product or service that is offered on the customers web
site and not for any other purpose. |
|
5.8 |
The
use of this license for Bulk Data Hygiene is prohibited unless otherwise
entered into separate agreement |
|
|
5.9 |
The
Customer must no pass on any part of the Data obtained as a result of
using this license to any third parties. |
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6.
Internal Use Per Click License
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6.1 |
The Customer may use the lookup
Service as provided on a non-exclusive, non-transferable, revocable basis,
for the period stated in 6.4 in accordance with the terms of this License
Agreement.
|
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6.2
|
The
price for the Internal Use per click package is set out on the Website. |
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6.3
|
Any
third party software using the Lookup Service, in conjunction with a
“Internal Use Per Click package”, will provide a means of identifying
each user of the Lookup service by supplying a unique User ID with every
request for information |
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6.4
|
Each
User License will expire after 12 months. |
|
6.5
|
Payment
will be made within 7 days of Purchase |
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6.6
|
The
User License will be put on stop if not paid for by the due date, and will
remain on stop until payment is received |
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6.7 |
Allows
a maximum of 500 delivery points, per year |
7.
Internal Use User License
|
7.1 |
The Customer may use the lookup
Service as provided on a non-exclusive, non-transferable, revocable basis,
for the period stated in 7.5 in accordance with the terms of this License
Agreement.
|
|
7.2
|
The
price for the User Licenses is set out on the Website. |
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7.3
|
Any
third party software using the Lookup Service, in conjunction with a
“User License”, will provide a means of identifying each user of the
Lookup service by supplying a unique User ID with every request for
information |
|
7.4 |
Allows
Reasonable Use unlimited access the Lookup Service. |
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7.5
|
Each
User License will expire after 12 months. |
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7.6
|
Payment
will be made within 7 days of Purchase |
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7.7
|
The
User License will be put on stop if not paid for by the due date, and will
remain on stop until payment is received |
|
7.8 |
Allows
unlimited number of delivery points, per user |
|
7.9 |
The
use of this license for Bulk Data Hygiene is prohibited unless otherwise
entered into separate agreement |
8.
Internal Use System License
|
8.1 |
The Customer may use the lookup
Service as provided on a non-exclusive, non-transferable, revocable basis,
for the period stated in 8.5 in accordance with the terms of this License
Agreement.
|
|
8.2
|
The
price for the System Licenses is set out on the Website. |
|
8.3
|
Any
third party software using the Lookup Service, in conjunction with a
“System License”, will provide a means of identifying each user of the
Lookup service by supplying a unique User ID with every request for
information |
|
8.4 |
Allows
Reasonable Use unlimited access the Lookup Service. |
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8.5
|
Each
System License will expire after 12 months. |
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8.6
|
Payment
will be made within 7 days of Purchase |
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8.7
|
The
System License will be put on stop if not paid for by the due date, and
will remain on stop until payment is received |
|
8.8 |
Allows
unlimited number of delivery points, per user |
|
8.9 |
The
use of this license for Bulk Data Hygiene is prohibited unless otherwise
entered into separate agreement |
9.
Internal Use Multi System License
|
9.1 |
The Customer may use the lookup
Service as provided on a non-exclusive, non-transferable, revocable basis,
for the period stated in 9.5 in accordance with the terms of this License
Agreement.
|
|
9.2
|
The
price for the Multi System Licenses is set out on the Website. |
|
9.3
|
Any
third party software using the Lookup Service, in conjunction with a
“System License”, will provide a means of identifying each user of the
Lookup service by supplying a unique User ID with every request for
information |
|
9.4 |
Allows
Reasonable Use unlimited access the Lookup Service. |
|
9.5
|
Each
System License will expire after 12 months. |
|
9.6
|
Payment
will be made within 7 days of Purchase |
|
9.7
|
The
System License will be put on stop if not paid for by the due date, and
will remain on stop until payment is received |
|
9.8 |
Allows
unlimited number of delivery points, per user |
|
9.9 |
Allows
unlimited number of users per day. |
|
9.10 |
The
use of this license for Bulk Data Hygiene is prohibited unless otherwise
entered into separate agreement |
10.
Account History
|
10.1
|