Thank you for using Dotpost, CFH Docmail Ltd.’s (CFH, we, our and us) secure digital document delivery system (Dotpost System). These Terms of Service (“Terms”) cover your use of and access to our services, software and website (“Services”).
We are based in England, and this website and the Service are subject to English law and the English courts. We accept no other jurisdiction and your use of the Dotpost System and our Services confirms your agreement to this.
Your Dotpost Account
You agree to provide accurate and complete information when you register with us and as you use the Dotpost System and you agree to update your data to keep it accurate and complete. You agree that we may store and use the data you provide for use in maintaining your Account.
It is your responsibility to ensure that you can access and maintain your Dotpost account (Account). The Account is for your personal use only and enables:
- third-parties (Your Senders) to deliver or procure delivery of documents and correspondence relating to your dealings with them, to your Account; and
- you to upload other files, content and documents to your Account,
You must not:
- store documents belonging to others, whether or not received in error. If you do receive any such documents you must tell us immediately. We will endeavour to resolve the matter as soon as practicable, but we may need to suspend or close your Account in such circumstances, until a solution is found.
- use the Dotpost System or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously;
- infringe our intellectual property rights or those of any third party in relation to your use of the Dotpost System or the Service.
You must not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to notify us immediately of any security breach of your Account. We shall not be responsible for any losses arising out of the unauthorised use of your Account.
As part of our security processes, we will require you to log into your Account at www.dotpost.com at least once a year to ensure that:
- your Account remains active; and
- to verify your security details.
Please note that after initial registration we will never contact you, or ask anyone to do so on our behalf, with a request to disclose your Account details (including your password). If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your Account details to them in any circumstances. You should report any such requests to us immediately.
If you wish to contact us in writing, or if these Terms require you to give us notice in writing, you can send this to us by e-mail or by prepaid post to CFH Docmail Limited at St Peter’s Park, Wells Road, Radstock, Bath, BA3 3UP or firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre- paid post to the address you provide to us or by delivering a “service notification” into your Account.
These Terms do not give us any rights to your Documents, except for the limited rights that enable us to offer the Services. By using the Dotpost System you are giving us your permission to do things like hosting your Documents, backing them up and providing access to them for you, in addition to providing you with use of other features in the Dotpost System.
Availability and Support
We will use our reasonable endeavours to make the Dotpost System and your Account available to you, 24 hours a day, seven days a week, except for planned maintenance periods which shall be at our discretion.
You agree to report any faults and/or security issues to email@example.com.
Support will be provided by email and web form in the first instance. If it becomes apparent that a telephone call is necessary to deal with your issue, arrangements for such a call will be made by email. Support is available from 9am to 5pm Monday to Friday, except for Bank Holidays.
We cannot guarantee that all third parties will be able to send Documents to you via the Dotpost System.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including, but not limited to, any interruption to or failure of public or private telecommunications networks and power supplies, collapse of our buildings, fire, explosion or accident, acts of terrorism, acts of God, epidemic or pandemic, flood, drought, earthquake or other natural disaster (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
You acknowledge that all intellectual property rights in the Dotpost System anywhere in the world belong to us or our licensors, that rights in the Dotpost System are licensed (not sold) to you, and that you have no rights in, or to, the Dotpost System other than the right to use it in accordance with these Terms.
Changes to these Terms
These Terms are subject to change at any time. Such changes will be effective without prior notice to you. You are responsible for checking these Terms periodically for changes. If any future changes are unacceptable to you or cause you to be no longer in agreement or compliance with these Terms, you must cease using the Dotpost System. It is your responsibility to make yourself aware of such changes and your continued use of the Dotpost System following any revision to these Terms constitutes your complete and irrevocable acceptance of any and all such changes.
Limitation of Liability
To the fullest extent permitted by applicable law, the Dotpost System and your Account is provided to you “as is” and “as available”. Your use (or inability to use) the Dotpost System or your Account is at your sole risk. We do not warrant that the operation of the Dotpost System or your Account will be uninterrupted or error free. You agree that we may change, suspend, remove, or disable access to the Dotpost System or your Account at any time without notice. To the fullest extent permitted by law we disclaim and exclude all warranties, representations, conditions and other terms of its kind, express or implied and whether arising by statute, common law or otherwise. This condition does not affect your legal rights as a consumer.
You acknowledge that the Dotpost System has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Dotpost System meet your requirements. We do not warrant that the Dotpost System will be compatible with any third-party software, applications or services.
You agree not to use the Dotpost System for any profit generating purposes, and we accept no liability to you for any loss of goodwill, loss of profit, loss of business, business interruption, or loss of business opportunity.
Save in respect of the following paragraph, we accept no liability for any loss or damage (howsoever caused) that you suffer whether in contract, tort (including negligence) or otherwise, that is a result of our breach of these Terms.
Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English law.
You may choose to stop using the Dotpost System and close your Account at any time. Should you wish to do so please contact the customer service team on firstname.lastname@example.org.
We reserve the right to terminate your access to the Dotpost System and your Account with notice to you if:
- you are in breach of these Terms;
- your use of the Services causes a risk of harm or loss to us or our other users; or
- you haven't accessed your Account for 12 months.
We will provide you with reasonable advance notice via the email address associated with your Account to remedy the activity that prompted us to contact you and, if required, give you the opportunity to export your Documents from the Dotpost System. If you fail to take the steps we ask of you, we will terminate your access to the Dotpost System and your Account.
We shall not provide notice before termination where:
- you are in material breach of these Terms; or
- we are prevented from doing so by any applicable law.
We may, at our sole discretion, decide to stop providing the Services generally. If we do so, shall endeavour to give you reasonable prior notice, so that you can export your Documents from the Dotpost System.
Once you have registered your Account on the Dotpost System, you may choose to use our Dotpost App. The App is free and your use of it is governed by the App’s end user licence agreement.
You can cancel your use of the App at any time and doing so will not affect your Account or the receipt of our Services.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of these Terms operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.