Royal Mail Terms

Please note not all sections may relate to your License.

 

Definitions and interpretations

1.1 In this Licence the following terms have the following meanings:

address refers to an address to which mail can be delivered

Bureau Customer a customer for a Bureau Service

Bureau Services a service comprising the Data Cleansing of a Customer Database and the supply of the resulting Cleansed Customer Database back to the relevant customer

Closed User Group as defined in clause 9

Customer Database a database of an End User’s customer

Data Cleansing the processing of existing data records using PAF® Data:

  • (a) including validating, reformatting, correcting or appending additional data to those records, and
  • (b) including the use of PAF® Data within address capture applications, but
  • (c) not including Data Extraction (whether carried out by an address capture application or otherwise),

and Cleansed shall be read accordingly

Data Extraction the extraction of PAF® Data or any part of it for the generation of new address records in a new or existing database

End User a single legal entity who you or a Licensee may permit to use PAF® Data through its Users in accordance with this Licence

Extracted Data data generated as a result of Data Extraction

Licensee a person whose use of PAF® Data you authorise further to this Licence, or whose use authorised by such a person by way of a sub-licence granted further to this Licence (whether directly or by way of a chain of sub-licences) but not an End User

PAF® Data Royal Mail’s database known as PAF®, and including the database known as the “Alias File”

PAF® Licensing Centre Royal Mail’s website at www.poweredbyPAF.com/licensing-centre or such other website as Royal Mail may notify further to this Licence

Party either Royal Mail or you (and Parties shall be read accordingly)

Royal Mail Royal Mail Group Limited, acting by its Address Management Unit

Solution a product or service or other solution which benefits from or includes PAF® Data (including the provision of PAF® Data itself), in whatever form, however produced or distributed and whether or not including other functionality, services, software or data

Standard PAF® Licence a licence (other than a licence on the terms of this Licence) for the use of PAF® Data on standard terms for specified uses made generally available by Royal Mail on the PAF® Licensing Centre or otherwise

Substantially All Database a database which on its own or as part of another database comprises all or substantially all the addresses in the United Kingdom or any of England, Wales, Scotland or Northern Ireland

Term the period during which this Licence is in force according to its terms

User an individual authorised by an End User to use a Solution

Website a website, application or other remotely-enabled means of communicating with end user customers for products and services, made generally available to such customers

Website Use the use of PAF® Data to capture or verify address details of users of an End User’s Website where:

(a) Website users are not the End User’s employees or concerned with the provision of services to the End User (unless acting in a personal capacity), and

(b) neither the use of the Website or the End User’s product and service offering is connected with the management of address data or Data Cleansing, and

(c) the address capture or verification is carried out for the purpose of the receipt of products or services enabled by the Website

Working Day Monday to Friday excluding bank and public holidays in England, and Wales

1.2 In this Licence (unless the context otherwise requires) words following words such as “includes”, “including” and “in particular” are read without limitation, and references to a person are to any natural or legal person whether incorporated or not.

 

End Users’ permitted use of Solutions

End Users may freely use PAF® Data in Solutions in accordance with these End User Terms.

 

Conditions of use

a. End Users must not make copies of PAF® Data except as permitted by these End User Terms or reasonably necessary for back-up, security, business continuity and system testing purposes.

b. End Users may use PAF® Data for Data Extraction but Extracted Data:

(i) may only be accessed by Users, and

(ii) must not be supplied or any access to it provided to any third party.

c. End Users may provide Cleansed data to third parties provided that:

(i) where that supply is a Bureau Service, the End User and the Bureau Customers comply with the restrictions in Schedule 4, and

(ii) if such databases are Substantially All Databases:

A. such databases are not represented or held out as a master, original or comprehensive address database or other similar description,

B. the access is provided in the course of the End User’s normal data supply or routine business activities and is not carried on as a business in its own right, and

C. the provision includes a prominent notice that the relevant Cleansed data has been cleansed against PAF® Data.

d. End Users must not permit access to, display or communicate to the public any Solutions, except for the purposes of capturing or confirming address details of third parties.

e. Except as set out in these End User Terms, End Users must not:

(i) transfer, assign, sell or licence Solutions or their use to any other person,

(ii) use Solutions to create a product or service distributed or sold to any third party which relies on any use of PAF® Data, including copying, looking up or enquiring, publishing, searching, analysing, modifying and reformatting, or

(iii) copy, reproduce, extract, reutilise or publish Solutions or any of them.

 

Subcontracting

End Users may provide PAF® Data to their subcontractors who may use it to the extent necessary for:

(a) the provision of information technology services to the End User, or

(b) acting on behalf of the End User

in each case for the End User’s own business purposes and not those of the sub-contractor and provided that each such sub-contractor agrees to observe the restrictions on use of PAF® Data contained in these End User Terms and that the End User is responsible for any breaches of those terms by such sub-contractor.

 

Personal rights

End User rights are personal, limited and non-transferable.

 

Royal Mail’s IPR notice

The End User acknowledges that Royal Mail is the owner of the intellectual property rights in PAF® Data and the PAF® brand and it does not acquire and is not granted any rights to use those intellectual property rights other than as set out in these End User Terms.

 

Cessation of use of PAF® Data

End Users must cease use of PAF® Data if their right to use PAF® Data is terminated and also destroy any copies of PAF® Data they hold.

 

PAF® use by Users

End Users must ensure that:

(a) these End User Terms bind their Users,

(b) only their Users exercise the use rights of Solutions and PAF® Data granted to End Users further to these End User Terms, and

(c) in the event of termination or expiry of End Users’ rights to use Solutions and PAF® Data, the rights of Users to use them also terminate.

 

Closed User Groups

a. You must supply details of:

(i) End Users to whom Closed User Group Rights have been granted and the relevant Group Purpose, and

(ii) details of Group Members.

b. In respect of Closed User Groups you must ensure that PAF® Data is not used:

(i) by any person other than a Group Member, except as this Schedule expressly permits, and

(ii) in an electronic communications network except where that network is controlled by the Group Owner and is subject to technical and security restrictions preventing access to it by persons who are not Group Members.

c. You must ensure that Royal Mail or its authorised agents is granted a right of entry on reasonable prior notice during working hours to the premises of Closed User Group Owners and each member of the relevant Closed User Group for the purposes of inspection of such premises and the systems, accounts and records maintained there for the purpose of monitoring compliance by such persons with the terms of this Schedule.

d. The End User Terms apply to use of PAF® Data by Group Owners and Group Members subject to and as varied by the following use restrictions:

(i) Data Extraction is not permitted,

(ii) the provision of access to Solutions for the purposes of capturing and confirming address details of third parties is permitted provided that:

A. such use is for the Group Purpose, and

B. such third parties are customers or potential customers of the relevant Business Partner.

e. The following terms have the following meanings:

Associate

a person who markets or distributes products or services supplied under a common identity and business method, subject to a written agreement providing for the operation of that identity and method to specified standards and the provision of know-how, technical or business support.

Broker

a broker or agent for the sale of (or other distributor of) products or services for one or more originating suppliers (all of which operate in the same industry)

Business Partner

a person who in the course of business acts either as an Associate, a Broker or a Delivery Service User

Closed User Group

an End User’s network of businesses comprising that End User and not less than 10 Business Partners all of a single type

Closed User Group Rights

the rights of use of PAF® Data described in this Schedule

Delivery Service User

a customer of an End User for delivery services relating to mail, packages or products

Group Member

an End User or a Business Partner who are members of a Closed User Group

Group Owner

the End User promoting a Closed User Group

Group Purpose

the purpose for which a Closed User Group carries on its business through (as the case may be) Associates,

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