Terms & Conditions

1. Acceptance of Terms

Your access to and use of refresheddirect.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 Advice

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

3 Changes to Website

The Website reserves the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that the Website shall not be liable to you for any such change or removal; and 3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4 Links to Third Party websites

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 Data Quality, Completeness and Refunds

5.1 You accept that the Data may contain a number of goneaways and that unless the level of goneaways exceeds the relevant percentage of the Data (see 5.10) You accept that no replacement Data or refund shall be due in respect of these goneaways. If the level of goneaways exceeds the relevant percentage or if any other fault arises in the Data, REFRESHED DIRECT and / or List Owner shall have the right to remedy such fault where possible by re-supplying all or the relevant percentage of the Data and if it does not by issuing a refund subject to the terms of this clause 5. In the event that You do not advise REFRESHED DIRECT or List Owner of any defect in the Data within ninety (90) days from the date of receipt thereof in the case of goneaways or thirty (30) days from the date of receipt thereof in all other cases, You shall be deemed to have accepted the Data.

5.2 Where Data contains name elements (such as salutation, forename, initials, surname) You accept that not all elements will necessarily be present for each record and that no replacement Data or refund will be given for incompleteness of the Data in this instance. You also accept in the case of business data that a named contact may comprise an individual name or job title or both and that job holders are subject to frequent change and that no replacement Data or refund will be given for incorrect or missing contact names or job titles.

5.3 Deduplication is provided by REFRESHED DIRECT on a 'best efforts' basis only. Deduplication is an inexact science as the same company/address may be expressed or spelt differently in different databases. A small number of such "not-quite-duplicates" may slip through - this is unavoidable and You accept that no replacement Data or refund will given in this case. In a limited number of circumstances (e.g. a postcode changes or a building changes to multi-occupancy) the Royal Mail Address Key may change over time, in which case we are unable to recognise such addresses as being the same and are unable to remove the duplicate - this is unavoidable and You accept that no replacement Data or refund will be given in this case.

5.4 E-mail addresses are prone to frequent change, as well as being unreachable for a number of technical and other reasons (such as, but not limited to, account disabled, mailbox full, limit on message size, anti-spam policy, firewall). A much higher percentage of undeliverable e-mail is to be expected than for mail or phone. Where hard bounces exceed 20% of the data, subject to clause 5.1 above and at REFRESHED DIRECT’s option replacement data or a refund will be provided for the proportion of the purchase price represented by hard bounces above the 20% level only. You accept that no replacement Data or refund will be given for undeliverable e-mail addresses in the Data for any other reason for non-delivery, or for hard bounces below the 20% level. A hard bounce is defined as one where either the email recipient or the email domain does not exist, and in addition a 5.x.x error is returned by the sending or receiving email server. You will be asked to provide a broadcast report or other evidence of the hard bounce rate before any claim for replacement data or refund will be considered by REFRESHED DIRECT. You must have emailed all addressees in the Data and comply with clauses 5.11 to 5.13.

5.5 At REFRESHED DIRECT’s option replacement Data or a refund will be given for the proportion of the purchase price represented by mail, phone and/or fax goneaways subject to You following the procedure indicated in 5.11, provided You have mailed/phoned/faxed a reasonable number of records (see 5.6) and the goneaways fall within the relevant definition (see 5.7 - 5.9) and the level of goneaways exceeds the relevant percentage of the Data (see 5.10) and if You have purchased the Data against account facilities provided by REFRESHED DIRECT You have settled the invoice relating to the Data within the agreed account settlement period.

5.6 Before You can make a claim for replacement Data or a refund for goneaways, You must mail or phone or fax (as the case may be) a minimum of 250 records or 20% of the total number of records in the Data whichever is the greater. In the event that there are less than 250 records in the Data, You must mail or phone or fax (as the case may be) all the records in the Data.

5.7 A mailable address is a goneaway if i) You mail an item to it and ii) the item is returned to You bearing a red Royal Mail 'We were unable to deliver this item because...' sticker marked as 'addressee has gone away' or 'addressee unknown' or 'address incomplete' and iii) REFRESHED DIRECT are unable to subsequently verify the address. A mailable address is not a goneaway for any other reason (such as marked 'refused', 'do not mail me again', 'not interested' etc.).

5.8 A telephone number is a goneaway if i) You call it and ii) it is a dead line or it is a wrong number or it is a fax number (and not shared by a phone) or the person is no longer at the number. A telephone number is not a goneaway for any other reason (such as no answer or number engaged, an answering machine or voicemail, person not interested or refuses to talk etc.).

5.9 For this Data, the percentages of records which must qualify as goneaways before replacement Data or refund for goneaways will be given are:

Addresses: 5%
Landline telephone Numbers: 10%
Other telephone Numbers: 10%

5.10 Claims for replacement Data or refund for goneaways must be made with supporting documentation (e.g. returned envelopes, call records, fax logs) within 90 days of date of purchase. Replacement Data or refund will not be given where supporting documentation is not provided. Supporting documentation, which must include the invoice number of the purchase, should be sent to Data Solutions Manager, Refreshed Direct, Priory House, 45-51 High Street, Reigate, Surrey, RH2 9AE, UK. Only one claim may be made for each purchase. A separate claim must be made for each purchase. For further assistance, You should contact the Refreshed Direct team on 0845 519 1566.

5.11 If You think You are due replacement Data or refund for any reason which is not related to goneaways, You should contact the Refreshed Direct team on 0845 519 1566. Please note that any credit card handling fees or small order handling fees will not be refunded unless the reason for the refund is due to error on our part. In the event that You are provided a Destroyed Data Declaration by REFRESHED DIRECT, no refund will be given until this has been signed by You and returned to REFRESHED DIRECT.

5.12 Until and unless a refund has been agreed by REFRESHED DIRECT, payment for the full amount remains due to REFRESHED DIRECT and REFRESHED DIRECT reserves the right to use all and any applicable legal remedies to recover payment from you as well as any additional costs incurred by REFRESHED DIRECT in so doing.

6 Copyright

6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to the Website or otherwise used by the Website as permitted by law.

6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

7 Disclaimers and Limitations of liability

7.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

7.2 To the extent permitted by law, the Website will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

7.3 The Website makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Website for death or personal injury as a result of the negligence of the Website or that of its employees or agents.

8 Indemnity

You agree to indemnify and hold the Website and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Website arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

9 Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

10 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.