SEND US PACKING LIMITED

Listholder Contract Details

The Service (as described below) provided by Senduspacking Limited can be used by you by clicking the acceptance button at the bottom of this page. BY USING THE SERVICE YOU WILL BE DEEMED TO HAVE READ AND ACCEPTED THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THE SERVICE.

1. Listholder Contract Terms

1.1 We agree to provide our Service to you on the following terms. These constitute a contract between us and you and must be read together with any other documents explicitly agreed to be part of this contract. Any other terms contained in any other document are excluded unless their inclusion is expressly agreed in writing.

1.2 In these terms:

1.2.1 "we" and "us" means Senduspacking Limited a company registered in England under no. 6242728, and of Suite 102 - 104 ,Cirencester Business Park, Tetbury Road, Cirencester, Gloucestershire, GL7 6JJ, United Kingdom, and with VAT registration 9086465 and;

1.2.2 the "Service" refers to the system provided by us through SendUsPacking.com that allows the uploading of user material and receipt of contributed payments by invited third parties.

1.2.3 the "Start Date" refers to the date on which access to the Service is provided.

2. Provision of Service
2.1 We agree, in exchange for the payment of the charges (as described below) by you, to supply the Service to you.

2.2 The set-up fee allows up to one month’s access to the Service after which access is granted free until closed by you or 3 months have elapsed from the date of your event at which point SendUsPacking will close your account.

2.3 In the event of the cancellation of the list for whatever reason you are responsible for refunding funds to individuals who have made contributions. On cancellation, all content posted to an account will be removed from the web site

3. Our Obligations
3.1 You have a right to cancel your order to us at any time up to seven working days from the day after our acceptance of your order. This right will cease, however, if we start work under this Agreement with your consent within that time.

3.2 We shall store your data on our system in accordance with these terms and make available such data for access by your contacts from the Start Date. We shall ensure the amendment of your data in accordance with your instructions. We shall act only on your instructions in relation to your data and we shall maintain reasonable safeguards against its loss or unauthorised access by third parties.

4. Your Obligations
4.1 You agree that you will be responsible for all use of the Service made using your user name and password, whether or not the use is made by you, or someone else using your user name and password. You are responsible for protecting and securing your user name and password from unauthorized use. If at any time you believe your user name and password is being used by unauthorized persons you will immediately tell us.

4.2 You agree to provide accurate and complete information to us when registering to use the Service. You agree that you will comply with any reasonable instructions or directions issued by us from time to time concerning access to the Service and that you will only use the Service in a manner consistent with these terms. You agree that you will not use the Service for any unlawful purpose or in breach of any applicable law or regulation. In particular you will not use the Service to commit any criminal act or any act constituting infringement of any intellectual property right, or to transmit any material that is blasphemous, obscene, indecent or pornographic or which is of a defamatory, offensive, abusive, or menacing character or which may cause annoyance, inconvenience or needless anxiety to any person. We reserve the right to remove any material from the Service which we, at our sole discretion, find objectionable.

4.3 We do not monitor the Service but we reserve the right to do so. We take no responsibility for material that has not been introduced by us. You acknowledge that you are solely responsible for the form, content and accuracy of any material introduced by you.

4.4 You shall not (i) rent, lease, or loan the Service or (ii) use the Service in any way not expressly provided by these terms. You undertake at all times during this Agreement to comply with all of our system management regulations. We shall notify you in advance of any additions and changes to the system management regulations.

4.5 We can not be held responsible should the Service fail to meet your requirements as a result (directly or indirectly) of your breach of these terms, and no credits will accrue on account of this.

5. Confidentiality
5.1 We agree to keep your data confidential, as well as any other matter which is either indicated by you as being confidential or which is clearly of a confidential nature. Other than personally identifiable information any material you transmit or post to the web site will be considered non-confidential

5.2 We agree to process your data only in accordance with your instructions, and to use all reasonable security measures to protect it.

6. Termination
6.1 Either you or us shall be entitled to terminate this Agreement immediately, by written notice to the other, if the other commits any material breach of this Agreement; and in the case of a breach capable of remedy, fails to remedy it within 21 days after receipt of a written notice giving full details of the breach and a requirement for it to be remedied.

6.2 This Agreement can also be terminated if either party is the subject of a bankruptcy order (or the equivalent in any other jurisdiction), becomes insolvent or makes any arrangement or composition with, or an assignment for the benefit of, its creditors, or if any of its assets are the subject of any form of seizure. If either party goes into liquidation, either voluntary or compulsory, or if a receiver or administrative receiver or administrator is appointed, the other party can terminate this agreement immediately.

7. Assignment
Your rights and obligations set out in these terms may not be assigned without our prior written consent.

8. Disclaimers
8.1 We will supply the Service with reasonable skill and care. However, we do not warrant that the functions contained in the Service are error-free or continuous, nor that they will meet your requirements nor that they will operate in the combinations which may be selected for use by you.

8.2 Save in respect of liability for personal injury or death resulting from our negligence (which by law may not be restricted or excluded) our liability to you shall be limited to an amount equal to the amount paid by you for the Service in the preceding twelve months. We will also not be liable for any indirect, economic or consequential loss of whatever nature (including, without limitation, loss of data, loss of profit, wasted management time and computer downtime), whether caused by breach of contract, breach of statutory duty, negligence or otherwise.

8.3 You undertake that we shall be given prompt notice of any claims that are made against you for infringement in connection with the use by you of any intellectual property rights in the Service. We shall have the right to defend any such claims and to make settlements of them at our discretion and you shall give such assistance as we may reasonably require to settle or oppose any such claims.

8.4 If such an infringement occurs we may (at our option):

8.4.1 procure for you the right to continue to use the Service or the infringing part, or;

8.4.2 modify the Service or the infringing part so that it becomes non-infringing without downgrading the
performance of the Service, or;

8.4.3 replace the Service or the infringing part by another of similar capability, or;

8.4.4 repay to you the price of the Service or the infringing part (if capable of severance) less a reasonable percentage for the use of the Service.

8.5 If you are a consumer, nothing we say in this Agreement affects your statutory rights.

9. Disputes
If any dispute arises out of this Agreement the parties will attempt in good faith to negotiate a settlement. If the matter is not resolved by negotiation, the parties will refer it to mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. (See www.cedr.co.uk). Unless otherwise agreed, the mediator shall be appointed by CEDR. If the parties fail to agree terms of settlement within 42 days of the start of the first meeting held under such procedure, the dispute may be referred to litigation by either party.

10. Law
These terms shall be governed by English Law and you and we submit to the exclusive jurisdiction of the English Courts.