Terms & Conditions

DustiD is the trading name used by Addressless Mailing Ltd., a registered business under the laws of England and Wales having a Business Address at 125 Roseneath Road, Urmston, Manchester, England, M41 5AY with Company Number 09509382.


DustiD is an innovative service for both Retail Websites and the people who shop on Retails Websites. It solves the problem for purchasers of having to know the current shipping address of people they wish to purchase items for online. DustiD operates a Community Database for registered Community Users to store their up to date shipping address and mobile number. Their mobile number then becomes the only information anyone needs to have to send that Community User a gift from a Retail Website that uses the DustiD application. For Retail Websites they are able to provide a simple way to speed up the ordering process for a purchaser by allowing the purchaser to simply enter the recipient’s mobile number when completing an order. The Retail Website will then be provided the recipient’s shipping address on a one-time-use basis from the Community Database to complete the order.


This Agreement explains the terms and conditions on which DustiD provides retail websites with tools for the customers to access the Community database on a licence fee basis. This Agreement is entered into between DustiD and the Retail Website Company (herein after referred to as “Retailer”).


Types of Licence

Free DustiD is an innovative service for both Retail Websites and the people who shop on Retails Websites. It solves the problem for purchasers of having to know the current shipping address of people they wish to purchase items for online. DustiD operates a Community Database for registered Community Users to store their up to date shipping address and mobile number. Their mobile number then becomes the only information anyone needs to have to send that Community User a gift from a Retail Website that uses the DustiD application. For Retail Websites they are able to provide a simple way to speed up the ordering process for a purchaser by allowing the purchaser to simply enter the recipient’s mobile number when completing an order. The Retail Website will then be provided the recipient’s shipping address on a one-time-use basis from the Community Database to complete the order.Use

This licence is available for small Retailers that do not have a large volume of purchases through their retail website per month.


Per Use

This licence is available as a bulk click-through package. The Retailer can choose from packages based on the number of click-throughs per package. Prices for each available package are outlined below:


Note: the price per unit of these packages decreases as the number of click-throughs increase.


Annual Unlimited

This licence is an annual licence available to Retailers that provides an unlimited number of click-through to the website for a one-year term renewable end.


Use of DustiD Service and Functionality


Payments

Payments for all DustiD licence agreements fees are due in advance unless otherwise agreed in writing between the Retailer and DustiD. Annual fees will be collected automatically unless otherwise indicated by the Retailer.

When the Retailer has chosen a licence package an invoice will be sent by email for the total amount due and will give provided payment options.

Credit or Debit Payments

Payments by credit or debit card can be made quickly and easily through the automated payment service offered through Stripe for the full terms and conditions on the use of this payment service please click here


BACS

If the Retailer chooses to pay BACS, they will be able to do so online through the DustiD website.


Frequency of payments


Set Up

DustiD will work with the Retailer’s web developer on integration of the DustiD feature into the Retailer’s checkout system on their retail website. The set-up process may begin before the full licence fee has been paid however full functionality of the DustiD application during checkout will not be made available until the full licence fee is paid.

If at any time after initial set up the Retailer wishes to switch from either a free licence to a per user licence to an annual licence they may do so at any time by notifying DustiD customer service, an invoice will be provided for the upgrade in service and implemented through the DustiD application on the retail website as soon as the invoice is paid.


Termination and Cancellation

Cancellation

A Retailer may cancel their licence agreement at any time by giving 30 days written notice however except in very limited circumstances there will be no refund for licence fees whether annual or per use. One such exception will be any cancellation of licence within the seven days after purchase of the initial licence.

Annual licences are renewed automatically each year unless the Retailer gives at least 30 days written notice that they wish to terminate the licence at the end of that period. Annual periods run from the date the first annual licence fee is paid (or cleared in the case of the BACS payments).

Retailer’s information will be removed from the system once cancellation has been acknowledged and the end of any annual licence period has finished. Information may remain on the DustiD system for up to a year after cancellation though and cannot be removed sooner as it may interfere with the integrity of the DustiD database system.

Upon cancellation the Retailer will be required to remove the DustiD application and Branding from their website as well as any addresses currently being stored for the limited purpose of shipping to a recipient. Any Retailer who does not remove the DustiD application and branding from their retail website within 45 days of cancelling the licence agreement will be charged on a monthly basis in the amount equalling 50% of the license fee previously purchased as compensation for use of the DustiD branding on their website without express permission under a licence agreement. The charge will continue on a monthly basis for Per Use licenses and annually for Annual Unlimited licenses until the branding is removed.

Termination by Retailer

The Retailer may receive a full or partial refund of any fees paid if they formally terminate the licence agreement due to material breach of these terms and conditions by DustiD. For there to be a formal termination the Retailer must notify DustiD in writing of the material breach and allow at least 10 business days for DustiD to remedy the breach. If after the 10 days DustiD is unable to remedy the breach, then the Retailer may notify DustiD that the licence is formally terminated. The amount if any that would be refunded to the Retailer will be determined at the time of the breach and based on the individual circumstances of the breach. At no time with DustiD be liable to pay to the Retailer under this clause any more than was paid by the Retailer within the current year under this licence agreement.

Termination by DustiD

DustiD may temporarily or permanently terminate a Retailer’s licence agreement if the Retailer materially breaches these terms and conditions in any way. Material breaches include failure to pay licence fees when due, retaining address data beyond what is permissible and the failure to protect the DustiD users’ information or misuse of the DustiD application for purposes of other than its intended use. It will be at DustiD’s sole discretion whether to make a termination temporary or permanent based on factors including severity of the breach and ability by the Retailer to mitigate the breach.


Regulatory Requirements, Liabilities and Restrictions

Regulatory Requirements

In processing data DustiD is subject to the Data Protection Act of 1998 and by utilising DustiD application on a Retailer website the Retailer also becomes a data processor under the Act and must comply with all regulations including providing security for the data provided not maintaining data for longer than is necessary, not using data for a purpose other than expressly intended under the application. It is the Retailer’s ultimate responsibility to be aware of and comply with all the legal and regulatory obligations as it is DustiD’s obligations to follow all its legal and regulatory obligations as to the Community database. DustiD is being offered as a tool for retail websites to increase the benefit and security for their customers and if used properly may assist Retailers in complying with their obligations particularly under the Data Protection Act 1998.

DustiD cannot be held liable for any damages that are incurred by the Retailer caused either directly or indirectly through using the DustiD except where the damage is caused by gross negligence or intentionally malicious acts by DustiD, its employees or authorised representatives. In those circumstances the liability for any such damages exceeds the amount paid to DustiD under the licence agreement within the last calendar year.

Restrictions

DustiD is to be used for the sole purpose of facilitating the provision of shipping addresses for purchasers on the retail website where a Retailer may not use any information provided through the DustiD database for any other purpose such as marketing for new products to existing customers or populating mailing list to recruit new customers. Such use would not only be a violation of the terms and conditions but potentially a violation of regulations such as those under the Communications Act as regulated by Ofcom and the Data Protection Act 1998. If the Retailers are ever unsure whether a specific use is restricted under this section, they should contact DustiD or the applicable regulatory body before proceeding.


Intellectual Property

DustiD its functions underlying software, business practices, written materials and any other original material produced is the sole intellectual property of DustiD and is protected by Copyright Design and Patents Act 1988. All intellectual property of the DustiD App and all rights associated with such property remain the property of DustiD throughout the term of this agreement and continue after termination or cancellation.

No copies may be made of any documents or materials produced by DustiD without prior written consent from DustiD should the Retailer require additional information of any documentation in addition to those provided during the normal course of business by DustiD then those may be obtained by contacting DustiD customer service.

The Retailer undertakes not to translate, adapt, vary, modify, dissemble, decompile, or reverse engineer the licence system without prior written consent of DustiD.

The purchaser will notify the link up immediately should the Retailer become aware of any unauthorised use of the whole or part of the DustiD system by any person utilising the retail website.

The Retailer will be held liable for any damages suffered by DustiD through the intentional, unintentional, direct or indirect interference with its intellectual property rights through the Retailer’s actions or inactions or the actions or inactions of any of the Retailer’s employees, associates, partners or agents.


Modification

DustiD reserves the right to modify or amend these conditions as necessary from time to time. The Retailer will be notified in writing of any such modifications or amendments.


Data Protection

Purchaser acknowledges that DustiD is a data processor of the purchasers for the purpose of the Data Protection Act 1998. The Retailer consents to the use of the data for the purposes of providing and improving their products and services to provide to advisors, regulatory authorities, governmental or quasi-governmental organisations as required.

DustiD is compliant in their processes and procedures with the requirements of the Data Protection Act 1998.

DustiD will return to the Retailer upon written request all data supplied during the course of this agreement via a secure encrypted format at the conclusion of this agreement should any data belonging to the Retailer remain under the custody of DustiD.

The Retailer will return to DustiD at the end of the licence term whether cancelled or terminated any information provided to the Retailer during the course of the agreement via a secure encrypted format at the conclusion of the agreement.


Promotions and Marketing

DustiD strives to not only increase the use of its innovative App and grow the Community Database, but to maximise the benefits to Retailers by driving traffic to the Retailer's website. To achieve these goals DustiD requires the cooperation of the Retailer in Promotional and Marketing efforts.

Therefore, the Retailer agrees to the following:

The provisions of this clause will end when this license agreement is terminated or otherwise modified to change or remove this clause. Both DustiD and the Retailer agree to remove any branding and marketing from their respective websites within a reasonable period after termination.


Modification

This agreement may be modified or amended at any time by DustiD. The Retailer shall be notified in writing if any modification or amendment is likely to have a material impact on the Retailer, relate to the rights of the Retailer under this agreement or liabilities. The Retailer may choose to terminate this agreement within 30 days after such notice by giving written notice of intent to terminate.


Arbitration

Any controversy or claim arising out of or relating to this agreement or breach of this agreement shall be settled by arbitration. Administration shall be administered by an entity mutually agreed to by the parties. Judgment on the award rendered by the administrator will be binding to both parties and may be entered at any court with jurisdiction.


Jurisdiction and Choice of Law

This contract is subject to the jurisdiction in the Courts of England and Wales the applicable law in the event of a claim arising under this agreement is the laws of England and Wales.


Severability

If any portion of this agreement is found to be void or voidable it shall be removed, and all other terms shall remain in full force and effect.


Entire Contract

These terms and conditions along with the scope of the work and fee schedule constitute the entire agreement and understanding between DustiD and the Retailer and supersede any previous arrangement, understanding or agreement between them.

Publicity

DustiD reserves the right to use the Retailer’s name and logo in publicising DustiD services unless they receive a written revocation of this right from the Retailer.