Terms & Conditions
These Terms and Conditions apply to the use of the Envelope and the Service (as defined below) and by sending the Envelope to Copyright Protection Agency (UK) Limited (‘CPA’) you accept and contract with CPA on the basis of these Terms and Conditions, which shall form the basis of the Agreement between you and CPA.
1. The following terms shall have the following meanings when used herein:
‘Address’ the address shown on the Envelope or the address notified by the User to CPA hereunder from time to time, provided that such address is within the United Kingdom (and in the event that the address is outwith the United Kingdom then CPA in its discretion shall be entitled to require the User from time to time to notify an address within the United Kingdom).
‘Affidavit Fee’ means the sum of £50 (or such other sum as may be specified from time to time by CPA).
‘Charges’ means the sum of £65 or such other sum as may be specified from time to time by CPA for the first year (or part thereof) of storage of the Envelope.
‘Contents’ means the contents of the Envelope.
‘Counterfoil’ means the counterfoil on the Envelope retained by the User.
‘Envelope’ means the CPA’s First Protection Envelope which forms the subject matter of this Agreement.
‘Exhibiting Fee’ means the charges incurred from time to time by CPA in carrying out the request of the User pursuant to clause 3.4 below.
‘Instructions’ means the instructions for use of the Envelope, shown on the Envelope.
‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000.
‘Service’ means the whole of the operations and services undertaken by CPA in connection with the Envelope.
‘Storage Charges’ means the sum of £55 (or such other sum as may be specified from time to time by CPA) for each succeeding year (or part thereof) of storage of the Envelope.
‘User’ means the person, firm, company, body or organisation who or which appears on the completed Envelope as the sender.
2. CPA warrants to the User that the Envelope will, if completed, forwarded to and received by CPA in accordance with the Instructions (and if used properly and in accordance with these Terms and Conditions) provide a means by which CPA can determine from its records the date of receipt of the Envelope.
3. The User shall pay to CPA the Charges which shall be due on the date of receipt by CPA of the Envelope and in consideration of the Charges, and subject to these Terms and Conditions, CPA will store the Envelope for the period of one year from the date of receipt of the completed Envelope (‘Period’). The User shall pay to CPA the Storage Charges for each succeeding period of one year (or any part thereof) falling after the Period during which the Envelope is stored by CPA (‘Successive Period’) and the Storage Charges will be due and payable on the commencement date of each Successive Period. During the Period (and if appropriate during the Successive Period):
1. at any time, the User may by giving notice to CPA hereunder (which notice shall enclose the Counterfoil and a stamped addressed envelope of sufficient size to enclose the Envelope and all Contents, with sufficient postage stamps attached) request the return of the Envelope in which case CPA shall be entitled to open the Envelope and to place the opened Envelope (and any Contents) in the stamped addressed envelope in the post, as soon as reasonably practicable after receipt of the notice;
2. at any time, the User may by giving notice to CPA hereunder (which notice shall include the Affidavit Fee) request confirmation of the storage of the Envelope and CPA shall as soon as reasonably practicable after receipt of the notice forward to the Address an affidavit sworn by a director of CPA (or by some other person authorised by CPA for that purpose) confirming the date of receipt of the Envelope, determined from the records maintained by CPA for that purpose;
3. in the event that the User declines, refuses or delays to pay the Charges or the Storage Charges by the due date as set out in Clause 3 above, CPA shall be entitled to open the Envelope and to return the opened Envelope (and the Contents) by second class post to the Address;
4. CPA in its discretion shall be entitled (upon receipt of a request to do so from the User and upon receipt of a suitable indemnity against the Exhibiting Fee) to uplift the Envelope from storage from time to time, to lodge the Envelope with its solicitors for safekeeping, to instruct such solicitors to exhibit (during office hours) the unopened Envelope to the User (and to any third party nominated by the User) on reasonable prior notice being given and (if so instructed by the User) to instruct such solicitors to open the unopened Envelope in the presence of the User (or any third party nominated by the User). Provided that the procedure specified in this clause 3.4 shall be without prejudice to any rights which may be obtained by the User (or any third party) under section 1 of the Administration of Justice (Scotland) Act 1972, or under common law, in respect of the Envelope.
Provided that CPA shall not have no obligations to the User if and for so long as the User is in breach of this Agreement or Charges or Storage Charges remain unpaid or CPA is exercising a lien over the Envelope. If the Address is not within the United Kingdom then CPA shall be entitled to decline to return the Envelope unless and until the User makes payment of the charges of posting such envelope to) such address.
4. The User has the right, in accordance with the Regulations, to cancel his order within 7 working days after CPA’s delivery of the Envelope. The User may cancel the order in writing, and has an obligation to return, at his own expense, the undamaged Envelope to CPA at the address given in the “Contact Us” section of the CPA website: www.copyrightprotection.com. On the cancellation of the order and receipt by CPA of the returned undamaged Envelope, any sum paid by the User will be repaid by CPA as soon as reasonably practicable.
5. CPA shall have no obligations to the User for so long as any Charges remain unpaid. Interest on amounts due hereunder to CPA and unpaid shall be payable from the date when payment of such amounts fell due and shall be calculated at the rate of 2 per cent for each calendar month during all or part of which a payment is overdue. Further, CPA shall have a lien on the Envelope entitling it to retain the Envelope as security for payment of all sums due from the User on any account (whether relating to the Envelope or not). Charges and Storage Charges shall continue to accrue on any Envelope detained under this lien.
6. CPA does not insure the Envelope and CPA shall not be responsible for any loss, destruction or damage to the Envelope or to the Contents whilst in storage or in transit.
7. CPA shall be entitled to decline to refuse to accept any Envelope sent to it or to decline to continue providing the Service to the User or in respect of any Envelope.
8. CPA reserves the right to vary this Agreement (including the Charges and the Storage Charges from time to time). Such variations shall either be notified to the User on the CPA website by e-mail or posted to the User to the Address and variations shall be deemed to have been accepted on the date of publication or deemed receipt of the notice. The Charges and Storage Charges may also be adjusted from time to time and such adjustments shall be shown on the website of CPA – www.copyrightprotection.com – and the User shall be deemed to be aware of any adjustments made by CPA and notified on such website.
9. The User warrants to CPA that the Contents are securely packed, are the property of the User and do not comprise any materials or contain any substances:
1. which will or are likely to cause damage or injury; or
2. the storage of which would require the obtaining of any consent, assignment or licence; or
3. which, if they escaped from their packaging, will or are likely to cause damp, infestation, leakage or the escape of fumes or substances or otherwise cause pollution or harm to human health; or
4. which are obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violate any applicable law or regulation or code.
10. If CPA suspects any breach of these warranties then it may in its option demand the immediate removal of the Envelope by the User or the destruction of the Envelope, all at the expense of the User.
11. The User acknowledges and accepts that use of the Envelope and the Service:
1. is not a requirement of Scots law and confers no legal rights on the User (save for any created by this Agreement);
2. is not required in order to create, maintain, defend or enhance any intellectual property or other right;
3. does not create, defend, maintain or enhance any intellectual property or any other right which the User may claim, and
4. does not permit any other person who has an interest in the use of the Envelope to make any claim or bring any action against CPA.
12. The User acknowledges that the allocation of risk in this Agreement reflects the price paid in the Charges and also the fact that it is not within the CPA’s control how and for what purposes the Envelope and the System is used by the User.
13. CPA’s entire liability and the User’s exclusive remedy under the warranties given by CPA in this Agreement (and for any breach by CPA of this Agreement) will be limited to and shall not exceed the refund of the amount actually paid by the User in Charges to CPA. Provided that CPA shall not be liable for any loss or damage to the extent that the same is caused or contributed to by a breach of any of the User’s warranties and undertakings, or by the negligence of User, or by any of the circumstances by virtue of which CPA is relieved of its contractual obligations in accordance with these terms and conditions. If any exclusion, disclaimer or other provision contained in this Agreement is held invalid for any reason and CPA becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually paid by the User in Charges to CPA.
14. In no event will either CPA or its agents be liable for any direct, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, loss of opportunities or business interruptions) however caused and whether arising under contract, delict, tort, including negligence or otherwise.
15. CPA does not exclude or limit liability for death or personal injury resulting from an act or negligence of CPA, its employees or agents.
16. Except for the express warranties in clause 2, CPA and its agents make and the User receives no other warranties, conditions or representations, express or implied, statutory or otherwise and (without limitation) (i) the implied terms of merchantability and fitness for a particular purpose are excluded (ii) CPA shall not be liable for, and accepts no responsibility in respect of, any use made by the User of, or reliance placed by him on, the Envelope and the Service (notwithstanding that it may have been intimated to, be within the actual or constructive knowledge of, or otherwise be reasonably foreseeable by, CPA, its employees or agents) (iii) CPA does not warrant that the use of the Envelope and the System will produce any result or have any legal effect (iv) CPA makes and gives no warranty, representation, promise or guarantee, whether express or implied, as to the legality, worth, effectiveness or effect of using the Envelope and the Service (v) no warranty, representation, promise or guarantee, whether express or implied, is made or given by CPA (1) as to the admissibility of the Envelope in any action, suit, claim, proceedings, arbitration or dispute (whether judicial or otherwise) taken, raised, pending or proposed in any court, tribunal or other body or (2) as to the value, merit, advisability or worth whether in evidential terms or otherwise of the use of the Envelope and/or the Service or (3) as to whether the use of the Envelope and/or the Service will avoid or preclude or lessen the opportunity to make any challenge regarding the use made by the User of the Envelope and the Service and whether or not any such challenge will if made be wholly or partially successful.
17. CPA does not warrant that the Envelope and/or the Service are appropriate for use outside the United Kingdom.
18. Where a claim is brought against CPA by a third party in relation to the use by the User of the Envelope and/or Services, the User agrees to fully reimburse CPA for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities whatsoever suffered or incurred by CPA in or as a consequence of the User’s breach of this Agreement and/or the use by the User of the Envelope and/or Services
19. Information may be gathered from the registration form on the Envelope and the information so gathered may be used by CPA, and any companies within the same group as CPA from time to time (in the sense that they have the same ultimate parent company) for any purpose relating to the use of the Envelope and/or Services and also for marketing activities, and may also be passed to selected third parties for their use for marketing activities. Such activities mean communicating advertising or marketing material to the User by any means. If the User does not wish to receive such communications, then they should tick the box below, or notify CPA by e-mail. If, subsequently, the User decides that they no longer wish to receive such communications the User should notify CPA by e-mail. CPA may forward the details of the User to the Police or any other regulatory body to comply with the law or in relation to suspected misuse of the Envelope and/or the Services
20. This Agreement is the entire express agreement between the User and CPA and supersedes any other oral or written communications, agreements or representations with respect to the Envelope and the System.
21. Nothing in this Agreement will affect the statutory rights of a consumer in ‘consumer transactions’ under any applicable statute.
22. If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the Agreement will not be affected.
23. Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party’s address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
24. This Agreement shall be personal to the User and the User may not assign, transfer, license or otherwise delegate all or any of their rights and obligations, without CPA’s prior written consent.
25. CPA reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as CPA or any other third party. In the event of assignation or transfer, notification will either be given to the User by e-mail or posted to the User at the Address.
26. Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
27. This Agreement shall be governed by the laws of Scotland and CPA and the User hereby submit to the exclusive jurisdiction of the Scottish courts.
Copyright Protection Agency Ltd
68 Queen Street