Terms & Conditions

About BlueMail

BlueMailCentral, BlueMailCentral.com and http://www.BlueMailCentral.com are trading names of DigitalToPrint (UK) Ltd. DigitalToPrint (UK) Ltd. is a registered business in the United Kingdom at Suite 5 Basepoint Andover, Caxton Close, Andover SP10 3FG Hampshire

The user of the BlueMailCentral service is referred as The Client. The Client must agree to our terms and conditions prior to placing an order with BlueMailCentral. These terms and conditions also apply for orders placed though websites in association with BlueMailCentral directing traffic to this site.

No conditions other than those set forth in this Agreement shall be binding on BlueMailCentral

The BlueMailCentral name and Logo and text are unregistered trade marks of BlueMailCentral. The names of the goods and services of BlueMailCentral featured on this web site are unregistered trade marks of BlueMailCentral.

Where at any time BlueMailCentral becomes aware that the Customer is not complying with the terms of this Agreement included but not limited to access to or use of the Licensed Software and/or BlueMailCentral Service or that there has been or may be unauthorized access to or use of the Licensed Software and/or BlueMailCentral Service, BlueMailCentral reserves the right to suspend and/or terminate the Customer’s access to the Licensed Software and the BlueMailCentral Service, and will notify the Customer in the event that suspension or termination occurs. BlueMailCentral has discretion to restore the Customer’s access where the Customer has demonstrated to BlueMailCentral’s reasonable satisfaction that such non compliance has ceased and the Customer is taking all reasonable steps to prevent its reoccurrence.

Privacy

BlueMailCentral reserve the right to reveal The Clients identity (or whatever information we know about The Client) to the authorities in the event of a formal complaint or legal action arising from any message posted by The Client. Full cooperation by BlueMailCentral, will be given to any legal investigation of criminal activity utilizing our service.

Renewal of The Agreement and acceptance of any additional orders shall be at BlueMailCentral sole discretion.

Although BlueMailCentral owns the data storage, databases and all rights to the BlueMailCentral application, we will never sell or share Client data with any third-parties, or contact Clients contacts directly. We will also not utilize Client data in our databases to market to client contacts, advertise to, or contact them for any other means of profit. We respect the privacy of our subscribers, and the privacy of their client data.

We will not disclose your personal information to any third party unless you have consented to such disclosure or where we are required to do so by law. Should you breach our terms and conditions or terms of use or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, we may disclose your information to a relevant authority. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so our Customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Fraud or sending malicious content will not be tolerated by BlueMailCentral. BlueMailCentral withholds the right to close the account and freeze the remaining funds of the account until further notice after receiving complaints from recipients of letters sent from the account. After careful consideration we will decide if the account holder is in fact guilty of fraud or has sent malicious content. BlueMailCentral will close the account permanently and any remaining funds will be forfeited if found guilty of fraud or of sending malicious content.

Operational

We do not review messages or confirm the validity of information received. We are not responsible for any letters posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of BlueMailCentral or any entity associated with us.

The Client agrees not to post any copyrighted material unless the copyright is owned by the Client.

The Client agrees, through use of this service, that they will not use this service to post any material which is violating any law or manners of good behavior.

BlueMailCentral reserve the right to re-route letters via any location when operational requirements prevent letters being delivered from the clients preferred location.

The Client may not resell, re-use, assign or transfer any of the images, data or programming code created for or associated with BlueMailCentral without written consent. Any attempt to resell, assign or transfer such data shall result in immediate lawsuit.

The Customer shall not: a) (other than as permitted by law) reverse compile, reverse engineer, adapt or otherwise modify the whole or any part of the Licensed Software; or b) remove or alter any copyright or other proprietary notice on the Licensed Software.

The Licensed Software contains confidential information of BlueMailCentral and all copyright, trade marks and other Intellectual Property Rights in the Licensed Software are the exclusive property BlueMailCentral (and/or its licensors) and the Customer shall (at its cost) take all such steps as are necessary from time to time to protect BlueMailCentral ’s confidential information and Intellectual Property Rights in the Licensed Software.

The information on this web site is provided "as is", with no warranty or representation of any kind, express or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. The information available on this site may be incomplete, out of date or inaccurate. BlueMailCentral reserves the right to make changes and corrections at any time without notice. It is a condition of allowing The Client free access to the material on this web site that BlueMailCentral will not be liable for any loss or damage of any kind, including direct, indirect, special and consequential loss or damage of any kind, arising from the use of this information obtained either directly or indirectly from this web site.

BlueMailCentral shall not be liable to the Customer where the Customer’s use of the Licensed Software is incompatible with such existing software or where such use causes corruption, interruption or other errors in respect of the Customer’s existing software or systems.

In the event of any other failure, technical or otherwise, the sole liability of BlueMailCentral shall be limited to the purchase price of the transaction. In no event shall BlueMailCentral be responsible for any consequential, special, lost profits or other damages arising from any failure to timely publish any product in accordance with this Agreement. Without limiting the foregoing, BlueMailCentral shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of BlueMailCentral affecting production or delivery in any manner.

Clients are joint and severally liable for all letters produced via an BlueMailCentral account. It is the clients responsibility to keep passwords, user names and memorable words confidential. The primary account holder is liable for all costs and expenses relating to the use of the BlueMailCentral account, including usage by additional users authorized access to the account by the primary account holder.

BlueMailCentral reserves the right to reject or cancel any client, at any time.

We reserve the right to cancel The Clients order and refund to their credit card.

Orders that are missing vital information or that have data fields that have become corrupt may not be processed. Orders that cannot be processed will be deleted. Liability will be for only the price of the requested transaction. Under normal circumstance, all orders will be processed regardless of apparently missing address information. It is impossible for BlueMailCentral to analyze the validity of any address due to the limitless permutations, spellings, and abbreviations found throughout the world. BlueMailCentral assumes the user is aware of the importance of an accurate address and the use of any postal codes that are available, and is therefore accepting the risk of no delivery.

Letters which get returned to BlueMailCentral due to incorrect or obsolete address information will be discarded unopened, with no refund, the client will be informed regarding the return. Letters which get lost in the postal system and are never delivered or returned will not be refunded.

Product delivery to final destination is not guaranteed. BlueMailCentral only guarantees delivery to the local Post Office. Delivery addresses given must be current and proper legal addresses, recognized by the local postal establishment, or delivery may not be possible. Service is void where prohibited by political intervention or international sanctions.

If the Customer becomes aware that any unauthorized access to or use of the Licensed Software and/or BlueMailCentral Service has occurred or may occur, it shall promptly notify BlueMailCentral.

If BlueMailCentral becomes aware that any unauthorized access to or use of the Licensed Software and/or BlueMailCentral Service has occurred or may occur it shall promptly notify the affected Customer.

Due to the nature of the internet, online systems and software BlueMailCentral cannot ensure that the BlueMailCentral Service will be available at all times and/or will always function effectively. Accordingly, BlueMailCentral shall not be liable to the Customer in respect of the unavailability or malfunctioning of the BlueMailCentral Service. BlueMailCentral will attempt to inform Customers via the BlueMailCentral Website of periods of planned downtime during which the Customer will not be able to access the BlueMailCentral Service.

However, Customers should be aware that some downtime may not be planned.

BlueMailCentral shall not be liable to the Customer where the Customer is unable to access the BlueMailCentral Service, electronically convey BlueMailCentral Mailing Items or otherwise use the BlueMailCentral Service for reasons related to internet connectivity and/or telecommunications.

Neither party shall be liable to the other for loss of profit, revenue, business, goodwill and like loss (whether direct or indirect) or for any consequential or indirect losses.

Pricing

Payment will be charged by BlueMailCentral before the service will be made available. In the event of any failure by The Client to make payment or arrange a credit card with available credit, correspondence will not be processed.

A credit balance for BlueMailCentral expires 2 years after the last chargeable use of the BlueMailCentral Credit. Credit balances that are not used within the said 2 year period will be lost.

Pricing is subject to change by BlueMailCentral on any time. The BlueMailCentral service can be withdrawn at anytime without notice.

The product being sold is actually a "service". The service is completed soon after the form has been submitted. For this reason, refunds are not possible because the service may have already occurred by the time we are notified. We reasonably make the assumption that information provided to us is correct and cannot give refunds for incorrect or obsolete information or addresses. It is The Clients responsibility to supply a current and correct address because the information cannot be validated by BlueMailCentral. Acceptance of The Clients data from our website does not indicate that information is correct or valid. Missing data or local spellings and abbreviations are used entirely at The Clients own risk.

BlueMailCentral reserves the right to review and increase Charges at any time.

The Customer shall establish a credit balance by making an advance payment sufficient for the Charges prior to using the BlueMailCentral Service by using a credit or debit card. The Customer may from time to time make additional payments to the prepayment account so as to maintain a credit balance. Such credit balance may be used in part or full payment of the Charges in respect of future BlueMailCentral Mailing Items that it conveys to BlueMailCentral for processing under the BlueMailCentral Service. BlueMailCentral shall notify the Customer of its credit balance from time to time.

All Charges or other sums payable under this Agreement are expressed exclusive of VAT, which shall be paid at the time and in the manner required by law.

BlueMailCentral hereby excludes any liability for direct, indirect or consequential loss or damage incurred by you or any user in connection with the use, or inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill and wasted management or office time.

All services, operations and contracts of BlueMail B.V. will be governed by Dutch law. All disputes, arising from or related to the services, operations and contracts of BlueMail B.V. will be decided exclusively by the competent Court in Middelburg.

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